2023 New York Laws › CVP - Civil Practice Law and Rules › Article 2 - Limitations of Time › 213 - Actions to Be Commenced Within Six Years: Where Not Otherwise Provided For; on Contract; on Sealed Instrument; on Bond or Note, and Mortgage Upon Real

§  213.  Actions to be commenced within six years: where not otherwise
provided for; on contract; on sealed instrument; on bond  or  note,  and
mortgage  upon  real  property;  by  state  based on misappropriation of
public property; based on  mistake;  by  corporation  against  director,
officer  or  stockholder;  based on fraud. The following actions must be
commenced within six years:
1. an action for which no limitation  is  specifically  prescribed  by
law;
2.  an  action  upon a contractual obligation or liability, express or
implied, except as provided in section two  hundred  thirteen-a  or  two
hundred  fourteen-i  of  this  article  or  article  2  of  the  uniform
commercial code or article 36-B of the general business law;
3. an action upon a sealed instrument;
4. an action upon a bond or note, the payment of which is secured by a
mortgage upon real property, or upon a bond  or  note  and  mortgage  so
secured, or upon a mortgage of real property, or any interest therein;
(a)  In  any action on an instrument described under this subdivision,
if the statute of limitations is  raised  as  a  defense,  and  if  that
defense is based on a claim that the instrument at issue was accelerated
prior to, or by way of commencement of a prior action, a plaintiff shall
be   estopped  from  asserting  that  the  instrument  was  not  validly
accelerated, unless the prior action was dismissed based on an expressed
judicial determination, made upon a timely interposed defense, that  the
instrument was not validly accelerated.
(b)  In  any action seeking cancellation and discharge of record of an
instrument described under subdivision four of section  fifteen  hundred
one  of the real property actions and proceedings law, a defendant shall
be estopped from asserting that the period  allowed  by  the  applicable
statute  of  limitation  for  the  commencement  of  an  action upon the
instrument has not  expired  because  the  instrument  was  not  validly
accelerated  prior  to,  or  by  way  of commencement of a prior action,
unless the prior action was dismissed based  on  an  expressed  judicial
determination,   made   upon  a  timely  interposed  defense,  that  the
instrument was not validly accelerated.
5. an  action  by  the  state  based  upon  the  spoliation  or  other
misappropriation  of  public  property; the time within which the action
must be commenced shall be computed from discovery by the state  of  the
facts relied upon;
6. an action based upon mistake;
7.  an  action  by  or on behalf of a corporation against a present or
former director, officer or stockholder for an accounting, or to procure
a judgment on the ground of fraud, or to enforce a liability, penalty or
forfeiture, or to recover damages for waste or for an injury to property
or for an accounting in conjunction therewith.
8. an action based upon fraud; the time within which the  action  must
be  commenced  shall be the greater of six years from the date the cause
of action accrued or two years from the time the plaintiff or the person
under whom the plaintiff claims discovered  the  fraud,  or  could  with
reasonable diligence have discovered it.
9.   an   action   by   the   attorney  general  pursuant  to  article
twenty-three-A of the general business  law  or  subdivision  twelve  of
section sixty-three of the executive law.