July 14, 2023
Many parties and lawyers believe that if a claim is brought in New York, then New York’s statute of limitations will apply. But this is not always the case. Indeed, under C.P.L.R. 202, if a claim brought by a nonresident accrues outside of New York, that claim is governed by the statute of limitations of either New York or the state in which the claim accrued, whichever is shorter. This statute prevents non-New York residents from seeking to take advantage of a longer statute of limitations in New York than the limitations period of the state or country in which the claim accrued.
In this short video, Schlam Stone & Dolan Managing Partner Jeffrey Eilender discusses the ins and outs of New York’s so-called “borrowing” statute.