N.Y. General Obligations Law 12-110 – Periods of limitation
§ 12-110. Periods of limitation. 1. Notwithstanding any provision of law to the contrary, a claim under this article may not be brought more than two years after the cause of action accrues. A cause of action accrues under this article when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of such harm.
Terms Used In N.Y. General Obligations Law 12-110
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Drug market: means the support system of illegal drug-related operations, from production to retail sales, through which an illegal drug reaches a drug user. See N.Y. General Obligations Law 12-102
- Illegal drug: means any controlled substance the possession of which is an offense under the public health law or the penal law. See N.Y. General Obligations Law 12-102
- Person: means an individual, a governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or a foreign country. See N.Y. General Obligations Law 12-102
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute: A law passed by a legislature.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
2. Notwithstanding any other provision of law to the contrary for a plaintiff, the statute of limitations under this section shall be tolled when an individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that such individual cannot reasonably be expected to seek recovery under this article or as otherwise provided for by law. For a defendant, the statute of limitations under this section shall be tolled until six months after the individual potential defendant is convicted of a crime involving participation in a drug market.