What Is the Statute of Limitations for Assault And Battery in New York?
In New York, the statute of limitations for assault and battery is generally 1 year under N.Y. C.P.L.R. § 215(3).
Assault and battery Deadlines in New York
How long do you have to file a assault and battery claim in New York?
In New York, the statute of limitations for assault and battery is generally 1 year under N.Y. C.P.L.R. § 215(3).
When does the clock start for assault and battery in New York?
One year — assault and battery are named expressly in § 215(3), separate from the three-year negligence period.
Can the New York deadline for assault and battery be extended?
Pleading the same facts as negligence does not convert a § 215(3) intentional tort into a three-year claim. A criminal prosecution does not pause the civil clock.
Is the deadline different if the claim is against the government in New York?
Often, yes. Notice of claim served within 90 days under N.Y. Gen. Mun. Law § 50-e. A notice of claim must be served within 90 days after the claim arises. The lawsuit itself must generally be commenced within one year and 90 days under § 50-i — far shorter than the three-year CPLR period that would otherwise apply. The municipality may deman…
How does New York compare to other states for assault and battery?
New York's 1 year is among the shortest in the country. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Assault & Battery Cover?
Situations that typically fall under the assault and battery deadline in New York:
