What Is the Statute of Limitations for Legal Malpractice in New York?
In New York, the statute of limitations for legal malpractice is generally 3 years under N.Y. C.P.L.R. § 214(6).
Legal malpractice Deadlines in New York
How long do you have to file a legal malpractice claim in New York?
In New York, the statute of limitations for legal malpractice is generally 3 years under N.Y. C.P.L.R. § 214(6).
When does the clock start for legal malpractice in New York?
Three years for malpractice other than medical, dental, or podiatric — and expressly regardless of whether the theory is pleaded in contract or tort.
Can the New York deadline for legal malpractice be extended?
The clock generally runs from the malpractice itself rather than from discovery. Continuous representation on the same matter can toll it.
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 legal malpractice?
New York's 3 years is in the middle of the range nationally. Across the 18 jurisdictions with a verified figure, the deadline for legal malpractice ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Legal Malpractice Cover?
Situations that typically fall under the legal malpractice deadline in New York:
