New York Statute of Limitations Breach of Contract Tolling

New York Statute of Limitations for Breach of Contract: Understanding Tolling and How it Applies to Your Case

When it comes to breach of contract cases in New York, the statute of limitations can be a critical factor in determining whether a plaintiff can pursue legal action against a defendant. What many people may not know is that the statute of limitations can sometimes be tolled, or temporarily paused, which can impact the timeline for filing a lawsuit.

In this article, we’ll dive into the details of New York’s statute of limitations for breach of contract cases, including the concept of tolling and how it can apply to your case.

Understanding the Statute of Limitations for Breach of Contract in New York

First, let’s review the basics of the statute of limitations in New York. A statute of limitations is a law that sets a time limit for filing a lawsuit. In New York, the statute of limitations for breach of contract is generally six years from the date of the breach.

In other words, if you believe someone has breached a contract you have with them, you have six years from the date the breach occurred to file a lawsuit. If you wait longer than six years, your case may be dismissed.

Tolling the Statute of Limitations

However, there are certain situations in which the statute of limitations may be tolled, or paused. Tolling can be applied in cases where the plaintiff is unable to bring their claim within the six-year window due to circumstances outside of their control.

For example, if the defendant leaves the state of New York and cannot be located, the statute of limitations may be tolled until the defendant can be located and served with legal papers. Tolling may also be applied in cases where the plaintiff is a minor, incompetent, or incarcerated.

Tolling can also be applied in cases where the defendant has made fraudulent statements or concealed information that would have allowed the plaintiff to discover the breach of contract earlier. In these cases, the statute of limitations may be tolled until the plaintiff discovers the breach or should have reasonably discovered it.

In some cases, tolling may be temporary, meaning that the clock will start ticking again once the tolling period ends. In other cases, tolling may be permanent, meaning that the statute of limitations will no longer apply to that particular case.

Hiring an Experienced Attorney

Navigating the statute of limitations and tolling can be complex, which is why it’s essential to work with an experienced attorney who is knowledgeable in breach of contract cases. Your attorney can help you understand whether tolling may apply to your case, and can ensure that you meet all deadlines and requirements for filing a lawsuit.

When it comes to breach of contract cases, time is of the essence. If you believe that someone has breached a contract you have with them, it’s important to act quickly to protect your legal rights. By working with an experienced attorney who understands New York’s statute of limitations and tolling laws, you can increase your chances of obtaining a favorable outcome in your case.