What Is the Statute of Limitations for Breach Of An Oral Contract in New York?
In New York, the statute of limitations for breach of an oral contract is generally 6 years under N.Y. C.P.L.R. § 213(2).
Breach of an oral contract Deadlines in New York
How long do you have to file a breach of an oral contract claim in New York?
In New York, the statute of limitations for breach of an oral contract is generally 6 years under N.Y. C.P.L.R. § 213(2).
When does the clock start for breach of an oral contract in New York?
Six years. Section 213(2) reaches contractual obligations whether express or implied, so New York does not shorten the period for unwritten agreements.
Can the New York deadline for breach of an oral contract be extended?
The statute of frauds may bar certain oral agreements outright regardless of timing. Some sources incorrectly list three years for oral contracts in New York — § 214(4) covers injury to property, not contracts.
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 breach of an oral contract?
New York's 6 years is in the middle of the range nationally. Across the 44 jurisdictions with a verified figure, the deadline for breach of an oral contract ranges from 2 years to 10 years, and 3 years is the most common. Compare all states →
What Does Breach of Oral Contract Cover?
Situations that typically fall under the breach of an oral contract deadline in New York:
