November 10, 1988 Show
Appeal from the Supreme Court, New York County (Andrew R. Tyler, J.). Plaintiff commenced the instant action on or about September 9, 1986 by service of a summons with notice upon respondents Directors Guild of America, Inc. and Alan S. Gordon, an attorney for the Directors Guild. The complaint, which was thereafter served on or about December 12, 1986, alleges that plaintiff was selected by the mutual consent of the Guild and an employer, WPIX, Inc., to arbitrate a labor dispute between them and that on or about January 9, 1984, defendant Gordon, acting in the course of his employment with the Guild, endeavored to bribe plaintiff. Accordingly, plaintiff seeks to recover damages for the severe mental distress caused by the purported bribery attempt. Defendants subsequently moved to dismiss the complaint on the ground that it was not brought within the mandated one-year limitations period prescribed in CPLR 215 (3). In response, plaintiff contends while it is true that his claim is for the intentional infliction of emotional distress, the appropriate period of limitations is three years as authorized in CPLR 214 (5). The Supreme Court granted the motion to dismiss, and plaintiff has appealed. CPLR 215 (3) establishes a one-year Statute of Limitations for "an action to recover damages for assault, battery, false imprisonment, malicious prosecution, libel, slander, false words causing special damages, or a violation of the right of privacy under section fifty-one of the civil rights law". A three-year limitations period, however, is applicable where the action is one "to recover damages for a personal injury except as provided in section 214-b, 214-c and 215" (CPLR 214). In arguing on behalf of a three-year Statute of Limitations, plaintiff relies upon the fact that CPLR 215 (3) does not specifically mention the tort of intentional infliction of emotional distress. It is, thus, plaintiff's position that the list of intentional torts enumerated in CPLR 215 (3) is exclusive and that all claims for personal injuries not expressly covered by CPLR 215 (3) are controlled by the three-year limitations period contained in CPLR 214 (5). It appears that every appellate court which has considered the New York statutes at issue here has concluded that a claim for damages for an intentional tort is subject to the one-year limitations period. Therefore, in Hansen v. Petrone ( 124 A.D.2d 782), the court determined that plaintiff's cause of action "which sounds in either abuse of process, malicious prosecution or intentional infliction of emotional distress * * * [is] governed by a one-year Statute of Limitations". In that regard, it should be noted that abuse of process is also not specifically referred to by CPLR 215 (3). The one-year limitations period was applied by the court in Matter of Parker v. Port Auth. ( 113 A.D.2d 763) for claims seeking to recover damages for assault, false arrest and the intentional infliction of emotional distress. In Weisman v. Weisman ( 108 A.D.2d 853), the court, in discussing the counterclaim by defendant therein for intentional infliction of emotional distress, stated that although such a cause of action had been properly pleaded, some of the alleged incidents occurred more than one year before the commencement of the action. The court, thus, allowed the counterclaim only in connection with those alleged occurrences which were timely asserted (that is, which took place within the required one-year time period). Similarly, in Goldner v. Sullivan, Gough, Skipworth, Summers Smith ( 105 A.D.2d 1149), the court, citing CPLR 215 (3), dismissed the seventh cause of action for the intentional tort of infliction of emotional distress as time barred (see also, Schulman v. Krumholz, 81 A.D.2d 883). The operative distinction between the sort of causes of action governed by CPLR 215 and those within the scope of CPLR 214 is whether the particular claim involved is for an intentional tort (see, Wheeler v. State of New York, 104 A.D.2d 496, 498) or a tort sounding in negligence (see, Trott v. Merit Dept. Store, 106 A.D.2d 158, 159). Moreover, the reason for the difference in treatment between the two types of conduct is easily explainable in part by the fact that the harm caused by an unintentional tort frequently may take some time to become apparent whereas the impact of an intentional tort is generally evident immediately. Since the act complained of by plaintiff — defendants' effort to bribe him and the attendant infliction of emotional distress — would be clearly intentional, the Supreme Court correctly invoked CPLR 215 (3). Concur — Kupferman, J.P., Sullivan, Milonas and Kassal, JJ. Generally, in New York State, personal injury cases have a three (3) year statute of limitations. However, the statute of limitations in personal injury cases frequently deviates from this standard. Relying on the general three (3) year time frame is risky. In New York, the statute of limitations for personal injury cases depends on who you are, who the responsible party is, and the manner in which the accident occurred. All three must be taken into consideration in order to calculate the appropriate statute of limitations. Sidebar: All information contained in this article is for general information only and should not be construed as legal advice. Seemingly insignificant details could affect the time to file suit. Speak to an attorney as soon as possible if you have been injured in an accident. When you consult with us, we analyze your specific circumstances and best courses of action for your individual situation. This information applies only to injuries sustained in New York State. What is a statute of limitations?A statute of limitations is the permissible time period file a lawsuit in court. Failing to file a lawsuit within the appropriate time frame can time bar the claim, leaving a potential plaintiff (party who starts a lawsuit) without a legal remedy. As a result, calculating which statute of limitations applies to each case is crucial. Furthermore, determining the date that the statute of limitations begins to run is equally important to compute the correct deadline. While the statute of limitations begins to run from the date of accident or incident in the majority of instances, this is not always the case. How the accident occurred affects the time limits of each case:Negligence:If the accident occurred because of the negligence of another party, the statute of limitations is three (3) years in New York State. Negligence cases include motor vehicle accidents, slip/trip and falls and dog bites. Lawsuit documents must be filed with the court within three (3) years from the date of the accident. For example, the date a motor vehicle accident occurs starts the clock for the time to file. This is true even where an injured party does not realize they are seriously injured until a later date. Personal injuries caused by negligence are almost always governed by a three (3) year statute of limitations. Intentional tort:This is a fancy term meaning that someone injured another on purpose. Examples of cases involving intentional torts are assaults, gun violence, false imprisonment, defamation, and intentional infliction of emotional distress. In these cases, there is one (1) year from the date of the incident to file a lawsuit. If the perpetrator who caused the injuries is arrested for such acts, there is at least one (1) year from the date of the disposition (date of the plea or jury verdict) of the criminal case to file a case against them for injuries. Certain criminal actions, such as arson or Class A felonies, typically accompany a longer statute of limitations. It can be tricky to determine which statute of limitations applies to criminal actions, so it is important to have an attorney review the case. There is a delicate balance in cases involving intentional acts because there could be other parties who are also liable for the injuries, who are governed by separate time limits. It is best to have an attorney investigate this type of case as soon as practical. Wrongful Death:Wrongful death cases are predicated on the theory of negligence. Notwithstanding, wrongful death cases have a two (2) year statute of limitations. Although the statute is a shorter time period, the clock starts ticking in a wrongful death case from the date an executor or administrator is appointed by the Surrogate’s court. Depending on when an executor/administrator is appointed, the time could be longer or shorter than the standard three (3) year statute of limitations. This particular cause of action is regularly coupled with “conscious pain and suffering,” which is general negligence (in addition to wrongful death) and governed by the three (3) year statute of limitations, running from the date of the accident or incident. Toxic Exposure:Where injuries are sustained as a result of toxic exposure, while the three (3) year statute of limitations applies, it may be calculated from the date of discovery rather than the date of exposure. See, CPLR § 214. Cases involving mesothelioma by exposure to asbestos benefit from the date of discovery rule under CPLR § 214. Those who have been injured by any of the above manners are not limited to claiming only one of these theories of liability. Certain accidents and injuries could theoretically fall under each of the above categories (or others). In litigation, they are called “causes of action.” The law allows injured parties to plead multiple, even conflicting, causes of action. (i.e. negligence and intentional torts may be alleged in a lawsuit at the same time for the same acts.) When multiple causes of action are plead, the injured party does not get the benefit of the later statute of limitations. To be successful in a lawsuit alleging the defendant (party being sued) was negligent, and acted intentionally, and caused wrongful death, the case would have to be filed within the shortest statute of limitations. Who the person/party your claim is against affects the statute of limitations:Doctors and Hospitals:Medical malpractice (read: negligence) cases and many cases against hospitals have a 2 year and 6 month statute of limitations. Under normal circumstances, this is computed from the date of the malpractice, but there are exceptions for cases where there is continuous treatment. This time limit does not apply to everyone universally, see below for how the identity of the injured party affects the time restraints on a lawsuit. Employers:Injuries that happen while at work are unique in that the Workers Compensation Laws protect employers from personal injury lawsuits. In certain cases, there are exceptions to the Workers Compensation Laws. Workers’ Compensation claims may have two (2) years to file a claim. In addition, where a case may be started against a third-party who may be responsible for those injuries, under normal circumstances, there is a three (3) year statute of limitations. Municipality:Identifying whether a municipality (or governmental agency) was involved causing injuries can be challenging and should be evaluated by an attorney. When a case is against a municipality, there is a critically short period of time of ninety (90) days where a Notice of Claim needs to be filed and served. If a proper Notice of Claim is not filed, the claim could be forfeited. Applications may be made to the courts for leave (permission) to file a late Notice of Claim. However, this must be done within the one (1) year and ninety (90) day statute of limitations for claims against governmental entities. Failure to file a Notice of Claim or apply for an extension to file a late Notice of Claim is a fatal error in a potential lawsuit. This strict and limited time frame applies even to minors. Once a proper and timely Notice of Claim is filed, under most circumstances, a personal injury claim must be filed with the court within one (1) year and ninety (90) days. Examples of entities that may be ran by the government are police departments, parks and beaches, school districts, buildings, highway departments, jails/prisons etc. Who is injured affects the statute of limitations:Minors:In most cases, but not all, minors (or infants) have an extended statute of limitations for personal injury claims. In no event will a minor have a shorter statute of limitations than an adult. However, not all statutes of limitations are extended the same length of time. Without other factors, a minor usually has until three (3) years after his or her eighteenth (18) birthday to file a lawsuit for personal injuries in New York. Instead of evaluating a minor’s case with the time starting from the date of the accident or injury, it is evaluated as beginning to run from their eighteenth (18) birthday. Relying on this information without an attorney may be problematic because in other cases, such as cases involving medical malpractice, the minor must file their lawsuit within ten (10) years of the date of the malpractice. This holds true even where the minor is still a child and dependent upon parents or guardians to handle the matter on their behalf. Minors are strictly bound by the ninety (90) day Notice of Claim deadline. Similar to adults, if they miss the deadline to file the Notice of Claim within the ninety (90) day time frame, they may make an application to the court for an extension of time to serve, so long as this is done within the one (1) year and ninety (90) day deadline. Unlike an adult, a minor has three (3) years from their eighteenth (18) birthday to file a lawsuit against a municipality, but only if their rights were preserved by timely filing a Notice of Claim. Those who are incapacitated:The statute of limitations for an individual who is legally (determined by a judge) incapacitated for a personal injury claim is three (3) years from the date the incapacity ends or the incapacitated individual dies, whichever is earlier. In any event, the statute of limitations does not extend more than ten (10) years after the cause of action accrues (i.e. date of accident/incident). However, this not always case and those who are incapacitated are still bound by the ninety (90) day time limit to file a Notice of Claim in actions against a municipality. Have an attorney review your case:Calculating the statute of limitations may not be straightforward and simple in every case. There are many factors that influence the statute of limitations, and it is best to have your individual case evaluated by an attorney. This legal article should not be construed as legal advice in any capacity, and we make no assertions as to the statute of limitations that may apply to any specific case. If you wish to have your specific circumstances reviewed by an attorney, schedule a private, confidential consultation with our office. Tocci Law (631) 343-7676 How hard is it to prove intentional infliction of emotional distress?Whether a valid claim for intentional infliction of emotional distress exists is based on a case's specific facts. To be considered valid, the victim must show that the act was outrageous, extreme, and intentionally caused them harm. There is also usually no requirement for the victim to have suffered physical harm.
What is the statute of limitation in NY?Most felony offenses have a five year statute of limitations period. Misdemeanor offenses have a two year statute of limitation period, while petty offenses generally have a one year statute of limitations.
What qualifies as intentional infliction of emotional distress?Overview. The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.
What is the statute of limitations in New York for personal injury?The statute of limitations is different for every type of lawsuit, but the personal injury statute of limitations in New York is generally 3 years from the date you were injured or the date you were diagnosed with the injury.
|
Intentional infliction of emotional distress new york statute of limitations
Copyright © 2024 en.frojeostern Inc.
