New York Small Claims Court Statute of Limitations

Miss the deadline and your claim is dead — no matter how strong your evidence. New York's statute of limitations sets a hard cutoff for when you can file. For many claims, the clock starts when the contract is breached or the injury occurs.

Deadlines by Claim Type

New York's limitation periods come from CPLR Article 2 and the Uniform Commercial Code. Here are the ones that matter for small claims:

Breach of contract (written or oral) — 6 years under CPLR 213. This covers unpaid invoices, broken lease terms, contractor agreements, and service contracts. The clock starts on the date the other side breached, not when you discovered the breach.

Security deposit refund — 6 years. If your landlord withheld your deposit illegally, you have six years from when the deposit should have been returned (14 days after you moved out, under GOL § 7-108).

Sale of goods — 4 years under UCC § 2-725. This is the limit for claims involving defective products, undisclosed vehicle defects, or goods that weren't as described. The period runs from the delivery date, not when the defect shows up.

Property damage, negligence, and torts — 3 years under CPLR 214. This covers neighbor property damage, car accident damage, and negligence claims. Three years from the date the damage occurred.

Municipal tort claims for injury or property damage — 1 year and 90 days, and you must serve a Notice of Claim within 90 days of the incident as an absolute condition before filing suit. For claims subject to the General Municipal Law, this includes towns, villages, cities, counties, school districts, and public corporations. You must wait at least 30 days after serving the Notice of Claim before filing. Miss the 90-day notice window and the case is over.

Tort claims against NYC Transit Authority or MTA — 1 year and 30 days, with the same 90-day Notice of Claim requirement.

The Clock Starts on the Day of the Breach

A common mistake is assuming the statute of limitations runs from when you discovered the problem. For most small claims categories in New York, it starts from the date the breach or damage actually happened — not when you noticed it, not when you tried to resolve it, and not when you gave up negotiating.

If a contractor took your deposit and walked off the job on March 15, 2022, your six-year window runs from March 15, 2022. If your neighbor's tree damaged your fence on June 1, 2024, your three-year window started that day.

What If You're Close to the Deadline

If you're within weeks of the cutoff, complete any required pre-suit notice first, then file promptly and worry about perfecting your evidence later. Filing the Statement of Claim starts the action for claims that can be commenced that way. Municipal claims also require the notice and waiting period above.

Settlement talks do not by themselves pause or extend the statute of limitations. A written tolling agreement can extend the deadline, but do not assume negotiations have stopped the clock. Many people lose viable claims because they spent months going back and forth with the other side and filed too late.

How the Statute of Limitations Affects Your Case

If you file after the deadline and the defendant raises the statute of limitations as a defense, the court can dismiss your case, even if your claim has merit.

Before filing, calculate your deadline based on the claim type and the date of the incident. If you're unsure which category applies, use the shortest applicable deadline as your safe margin.

Our Filing a Small Claims Case in New York guide includes a deadline calculator worksheet and walks through each limitation period with examples, so you can confirm your filing window before you head to the clerk's office.

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