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§ 213-b.Action by a victim of a criminal offense

Article 2. Limitations of Time · Last amended 2001 · Last verified July 21, 2026

In one sentenceCPLR 213-b lets a crime victim sue the person convicted of the crime that harmed them within seven years of the crime, or within ten years of a conviction for specified serious crimes tied to the state's crime-victim compensation law.

Full Text of CPLR 213-b

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Notwithstanding any other limitation set forth in this article or in article five of the estates, powers and trusts law, an action by a crime victim, or the representative of a crime victim, as defined in subdivision six of section six hundred twenty-one of the executive law, may be commenced to recover damages from a defendant: (1) convicted of a crime which is the subject of such action, for any injury or loss resulting therefrom within seven years of the date of the crime or (2) convicted of a specified crime as defined in paragraph (e) of subdivision one of section six hundred thirty-two-a of the executive law which is the subject of such action for any injury or loss resulting therefrom within ten years of the date the defendant was convicted of such specified crime.

Plain-English Summary

CPLR 213-b overrides the shorter deadlines that would otherwise apply to a crime victim's civil suit — including the one-year period Article 2 sets for assault, battery, and similar intentional torts — and gives crime victims two separate, longer paths to recovery. Under the first, a victim may sue a defendant convicted of the crime at issue within seven years of the date the crime occurred. Under the second, a victim may sue a defendant convicted of a specified crime, as defined by the Executive Law's crime-victim compensation provisions, within ten years of the conviction date.

Tying the second track to the conviction date, rather than the crime date, matters in practice. Criminal cases can take years to resolve, and a victim pursuing civil compensation alongside or after a prosecution needs the civil clock to stay open while the criminal case runs its course. By measuring from conviction, the ten-year period gives victims of the most serious offenses a meaningful window that doesn't depend on how quickly the criminal justice system moves.

This section works alongside the estates law provisions governing wrongful death and survival claims, which it also displaces where a crime caused the victim's death. It complements 213-c, which gives sexual offense victims a still longer window without requiring any conviction at all, and 214-g, which revives certain time-barred claims for child sexual abuse victims.

Frequently Asked Questions

How long does a crime victim have to sue their attacker in New York?

Seven years from the date of the crime if suing the person convicted of that crime, or ten years from the date of conviction if the conviction is for a specified crime under the Executive Law's crime-victim compensation provisions.

Does the victim need a criminal conviction before filing a civil suit under CPLR 213-b?

Yes. Both paths in this section require that the defendant be convicted — either of the crime that is the subject of the civil action, or of a specified crime as defined by the Executive Law.

What counts as a specified crime for the ten-year period?

A specified crime is one defined under the Executive Law's provisions on crime-victim compensation and the recovery of proceeds of crime, a narrower category than crime in general.

Does CPLR 213-b override the normal one-year deadline for assault and battery claims?

Yes. The section applies notwithstanding any other limitation set forth in Article 2, which includes the one-year period CPLR 215 otherwise sets for assault, battery, and related intentional torts.

Can the family of a crime victim who died use this longer period to sue?

Yes. The section applies notwithstanding the limitation periods in Estates, Powers and Trusts Law Article 5, which governs wrongful death and survival actions, giving those claims the same extended time frame.

Amendment History

Add, L 1992, ch 618, § 1, eff July 24, 1992; amd, L 2001, ch 62, § 16, eff June 25, 2001.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
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