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§ 217-a.Actions to be commenced within one year and ninety days

Article 2. Limitations of Time · Last amended 2013 · Last verified July 21, 2026

In one sentenceCPLR 217-a requires a timely notice of claim and caps most tort suits against a political subdivision, public authority, or public benefit corporation at one year and ninety days after the claim accrues, except wrongful death claims against those entities.

Full Text of CPLR 217-a

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Notwithstanding any other provision of law to the contrary, and irrespective of whether the relevant statute is expressly amended by the uniform notice of claim act, every action for damages or injuries to real or personal property, or for the destruction thereof, or for personal injuries or wrongful death, against any political subdivision of the state, or any instrumentality or agency of the state or a political subdivision, any public authority or any public benefit corporation that is entitled to receive a notice of claim as a condition precedent to commencement of an action, shall not be commenced unless a notice of claim shall have been served on such governmental entity within the time limit established by section fifty-e of the general municipal law, and such action must be commenced in compliance with all the requirements of section fifty-e and subdivision one of section fifty-i of the general municipal law. Except in an action for wrongful death against such an entity, an action for damages or for injuries to real or personal property, or for the destruction thereof, or for personal injuries, alleged to have been sustained, shall not be commenced more than one year and ninety days after the cause of action therefor shall have accrued or within the time period otherwise prescribed by any special provision of law, whichever is longer. Nothing herein is intended to amend the court of claims act or any provision thereof.

Plain-English Summary

CPLR 217-a reaches a broad set of government defendants: political subdivisions of the state, instrumentalities and agencies of the state or a political subdivision, and any public authority or public benefit corporation entitled to receive a notice of claim as a condition of suit. Before commencing an action against any of them, a claimant must serve a notice of claim that complies with General Municipal Law section 50-e, and the action itself must comply with section 50-e and subdivision 1 of section 50-i.

Once that notice requirement is satisfied, the deadline itself is one year and ninety days from accrual for damage to real or personal property, or for personal injury — or whatever longer period a special provision of law separately allows, whichever is longer. That period sits between the shorter deadlines Article 2 sets for intentional torts and the longer three-year period CPLR 214 sets for ordinary personal injury claims, reflecting the extra layer of protection the notice-of-claim system gives government defendants.

Wrongful death claims against these entities are carved out of the one-year-and-ninety-day cap entirely; a notice of claim can still be required, but the limitations period for the wrongful death claim itself comes from elsewhere. The section also makes clear it doesn't amend the Court of Claims Act, so a suit against New York State itself follows that separate framework rather than CPLR 217-a.

Because CPLR 217-a can't be applied without reference to General Municipal Law sections 50-e and 50-i, it functions as a companion to those provisions, and it displaces CPLR 214 and 215's ordinary tort deadlines whenever the defendant is one of the covered government entities.

Frequently Asked Questions

How long do I have to sue a city, county, or public authority in New York for a personal injury?

One year and ninety days from accrual, after timely serving a notice of claim under General Municipal Law section 50-e.

Do I need to file a notice of claim before suing a municipality in New York?

Yes. Compliance with General Municipal Law section 50-e, and subdivision 1 of section 50-i, is a prerequisite to commencing the action under CPLR 217-a.

Does the one-year-and-ninety-day deadline apply to wrongful death claims against a government entity?

No. Wrongful death actions against these entities are excluded from that cap, though a notice of claim can still be required.

Does CPLR 217-a apply to a lawsuit against New York State itself?

No. The section states that nothing in it is intended to amend the Court of Claims Act, which separately governs suits against the state.

What kinds of government entities does CPLR 217-a cover?

Political subdivisions of the state and their instrumentalities and agencies, along with public authorities and public benefit corporations entitled to receive a notice of claim.

Amendment History

Add, L 2012, ch 500, § 2, eff June 15, 2013; amd, L 2013, ch 24, § 1, eff June 15, 2013.

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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