Breach of Contract Statute of Limitations in New York
Last verified 2026-07 · Source: N.Y. C.P.L.R. § 213(2) ✓ verified · 3 sources
The deadline
6 years
from Date of breach, under N.Y. C.P.L.R. § 213(2).
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New York law sets a hard deadline of 6 years to file a breach of contract lawsuit. The controlling statute is N.Y. C.P.L.R. § 213(2), and the clock generally starts on Date of breach. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
New York Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | N.Y. C.P.L.R. § 213(2) |
| Car Accident | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| Medical Malpractice | 2 yrs | N.Y. C.P.L.R. § 214-a |
| Credit Card Debt | 3 yrs | N.Y. CPLR § 214-i |
| Wrongful Death | 2 yrs | N.Y. Est. Powers & Trusts Law (EPTL) § 5-4.1 |
| Personal Injury | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| Dog Bite | 3 yrs | CPLR § 214(5) |
| Slip and Fall | 3 yrs | N.Y. C.P.L.R. § 214(5) |
| Defamation | 1 yr | N.Y. C.P.L.R. § 215 |
| Medical Debt | 3 yrs | N.Y. CPLR § 213-D |
When the Clock Starts
In New York, the limitations period for breach of contract claims generally begins on Date of breach. New York does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Notice of Claim required within 90 days for claims against municipal corporations under N.Y. Gen. Mun. Law § 50-e; failure to file timely Notice of Claim bars the action
Same 6-year period applies to both written and oral contracts under CPLR § 213(2). UCC sales of goods contracts: 4 years (N.Y. U.C.C. § 2-725). Minor tolling under CPLR § 208 (disability of infancy tolls until minor reaches 18, but not beyond 3 years after disability ceases).
Source: N.Y. C.P.L.R. § 213(2), official New York statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for New York government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How New York Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| New York | 6 years | N.Y. C.P.L.R. § 213(2) |
| New Jersey | 6 yrs | N.J.S.A. 2A:14-1 |
| Pennsylvania | 4 yrs | 42 Pa.C.S. § 5525(a)(8) |
| Connecticut | 6 yrs | Conn. Gen. Stat. § 52-576 |
| Massachusetts | 6 yrs | Mass. Gen. Laws ch. 260, § 2 |
| Vermont | 6 yrs | 12 V.S.A. § 511 |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in New York?
You have 6 years from Date of breach, under N.Y. C.P.L.R. § 213(2).
Can I still sue after 6 years in New York?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
New York generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Notice of Claim required within 90 days for claims against municipal corporations under N.Y. Gen. Mun. Law § 50-e; failure to file timely Notice of Claim bars the action
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Sources
- Official N.Y. C.P.L.R. § 213 — Actions to Be Commenced within Six Years (NY Senate)
- Corroborating New York CPLR § 213 (Justia)
- Corroborating N.Y. CPLR § 213 (FindLaw)
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed New York attorney.