Section 215. Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander; for violation of right of privacy; for penalty given to informer; on arbitration award  


Latest version.
  • The following actions shall be commenced within one
      year:
        1. an action against a sheriff, coroner or constable, upon a liability
      incurred by him by doing an act in his official capacity or by  omission
      of  an  official duty, except the non-payment of money collected upon an
      execution;
        2. an action against an officer for the escape of a prisoner  arrested
      or imprisoned by virtue of a civil mandate;
        3.   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;
        4. an action to enforce a penalty or forfeiture created by statute and
      given  wholly  or partly to any person who will prosecute; if the action
      is not commenced within  the  year  by  a  private  person,  it  may  be
      commenced  on  behalf  of  the  state,  within  three  years  after  the
      commission of the offense,  by  the  attorney-general  or  the  district
      attorney of the county where the offense was committed; and
        5. an action upon an arbitration award.
        6.  An  action  to  recover any overcharge of interest or to enforce a
      penalty for such overcharge.
        7. an action by a tenant pursuant to subdivision three of section  two
      hundred twenty-three-b of the real property law.
        8.  (a)  Whenever  it is shown that a criminal action against the same
      defendant has been commenced with respect to  the  event  or  occurrence
      from  which a claim governed by this section arises, the plaintiff shall
      have at least one year from the termination of the  criminal  action  as
      defined  in  section  1.20  of  the  criminal  procedure law in which to
      commence the civil action, notwithstanding that the  time  in  which  to
      commence  such  action  has  already  expired  or  has  less than a year
      remaining.
        (b) Whenever it is shown that  a  criminal  action  against  the  same
      defendant  has  been  commenced  with respect to the event or occurrence
      from which a claim governed by this section arises,  and  such  criminal
      action  is  for rape in the first degree as defined in section 130.35 of
      the penal law, or criminal sexual act in the first degree as defined  in
      section 130.50 of the penal law, or aggravated sexual abuse in the first
      degree  as  defined  in  section  130.70  of the penal law, or course of
      sexual conduct against a child in the first degree as defined in section
      130.75 of the penal law, the plaintiff shall have at  least  five  years
      from  the  termination of the criminal action as defined in section 1.20
      of the criminal procedure law in which to  commence  the  civil  action,
      notwithstanding  that  the  time  in  which  to commence such action has
      already expired or has less than a year remaining.