1 Weinstein, Korn & Miller CPLR Manual § 2.02

Summary

Determining whether a particular lawsuit is barred by the statute of limitations always involves ascertaining: (1) which cause or causes of action are being asserted; (2) the applicable time period; (3) when it began to run; (4) when its running was terminated; and (5) the impact of relevant tolls and extensions.

The second element is usually governed by provisions in Article 2 classifying different types of actions into groups to which specific time periods are assigned. There are several sources of difficulty in determining the applicable period. The classifications, on their face, are not mutually exclusive. Some, for example, are stated in terms of a theory of liability, as an action on a “contractual obligation … express or implied,”1 while others are phrased in terms of the type of injury suffered, as an action “to recover damages for a personal injury.”2 Thus, fact situations do not always fit neatly into one or another theory of ...