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Statue of Limitations - Start of Clock

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deenorris

Member
What is the name of your state? New York

When does the statute of limitations clock start running in a civil matter? From the date the incident occurred or the date the incident was discovered by the plaintiff?

Example: Defendant removed and destroyed several trees on plaintiff's property. Plaintiff discovered the damage unknown months after the the trees were removed. Defendant is likely to claim that damage occurred several months earlier.

When does the statute of limitations clock start in this case?

Thanks in advance.
 


tranquility

Senior Member
When the damage could have reasonably been discovered. In something patent, like the removal of trees, I'd say the statute starts when the event happened. The reasonably been discovered standard is for latent issues where the damage is not obvious.
 

deenorris

Member
Thank you for your answer.

In particular for this case, the damage was over a quarter mile from the plaintiff's residence and was visually & acoustically hidden by a ridge rising 150 feet relative to the residence.

There is no clear date when the loggers trespassed from the adjacent property to the plaintiff's, but it was not more then two months prior to the discovery of harm by the plaintiff.

Here is the natural follow-on question:

There are several parties to the Action, natural and corporate. When does the clock stop? When the Index Number is purchased? When the complaint is filed on that Index Number? When service of the Summons and Complaint is complete? And if so, complete on everyone party?

I have the NYS CPLR but teasing out the answers is difficult as I am non-legal. I think I know the answer, but need to make sure.

Thanks in advance.
 

Rexlan

Senior Member
If you are worried about the SOL in this instance then I think you have not been diligent at all. No reasonable person, unless they were out of the area or something, would let their property go unmonitored for "years".

As tranquility correctly points out ... this incident could have easily, and should have been, been discovered long before the SOL became a factor. You can argue otherwise but I don't think you will prevail. Additionally, if you do then you will need to prove your damages and they very well may not even cover your costs.
 

deenorris

Member
I guess you read more into my post than I actually said.

Let me clarify -

I discovered the harm within 2 months as I check the rear of the property every quarter during the winter. More often once the snow is gone and I can more easily access the area. I inspected the area visually in March and then again in June, when I discovered the harm and immediately reported the matter to the police.

I spent time dickering with the plaintiffs over a settlement which has push me to close to the SOL of three years.

I hope this clears up any incorrect assumptions on your part.

Thanks in advance.
 

Zigner

Senior Member, Non-Attorney
I guess you read more into my post than I actually said.

Let me clarify -

I discovered the harm within 2 months as I check the rear of the property every quarter during the winter. More often once the snow is gone and I can more easily access the area. I inspected the area visually in March and then again in June, when I discovered the harm and immediately reported the matter to the police.

I spent time dickering with the plaintiffs over a settlement which has push me to close to the SOL of three years.

I hope this clears up any incorrect assumptions on your part.

Thanks in advance.
That makes things even worse. If you have allowed your settlement negotiations to continue beyond the SOL, then you're...well...SOL.
 

Rexlan

Senior Member
That makes things even worse. If you have allowed your settlement negotiations to continue beyond the SOL, then you're...well...SOL.
I agree with Zinger. I did not make any assumptions and just opined based on the information.

2 months is a reasonable period of time to have discovered the damage, especially if access is limited, so I think the SOL will start from the time you discovered and reported the damage .... not from when it actually occurred.
 

deenorris

Member
Ahhh... More clarifications. I apologize for the confusion leading to this series of incorrect opinions.

According to what I have read in CPLR and on this thread, SOL has not run out by the date placed by the defendant on an insurance claim as the date of loss nor by the date of my discovery of the damage. Medical matters intervened to help cause the delay in filing, but I am still within the SOL.

I just wanted to be clear on how the SOL start and end points operate in NY in case the issue arose as I am approaching the end point and there may be some ambiguity to the start of SOL if the defendants attempt to 'adjust' the date they trespassed/damaged the property so to move the endpoint in their favor.

So, to be absolutely clear -

SOL has not run out.
The area of harm was hidden visually and acoustically from the plaintiff's residence by an geological formation.
The plaintiff inspects the entire property at least every quarter.
There no indication of harm or suspicious activity in the prior inspection 3 months earlier.
The harm was discovered within two months of the defendants' claim the harm begun.

Opinions are welcome, please ask if you need additional information. At this point, I feel I might to best to just open a new threat and post the draft complaint.

BTW, I am still looking for the answers to my questions on how the SOL end point operates.

Thanks in advance!
 

Zigner

Senior Member, Non-Attorney
BTW, I am still looking for the answers to my questions on how the SOL end point operates.
It was explained to you...then you posted on here TWICE that our understanding was wrong.
It is OBVIOUS that you have already convinced yourself and are only on here seeking validation of your viewpoint.
You need to consult with a local civil attorney about this matter - this forum is not for you...
 

deenorris

Member
It was explained to you...then you posted on here TWICE that our understanding was wrong.
It is OBVIOUS that you have already convinced yourself and are only on here seeking validation of your viewpoint.
You need to consult with a local civil attorney about this matter - this forum is not for you...
The second set questions I asked were never answered. What I received was a series of ill-formed opinions based mis-readings of my very clear statements.

Deenorris said:
I spent time dickering with the plaintiffs over a settlement which has push[ed] me to close to the SOL of three years.
Zigner said:
If you have allowed your settlement negotiations to continue beyond the SOL, then you're...well...SOL.

Deenorris said:
There is no clear date when the loggers trespassed from the adjacent property to the plaintiff's, but it was not more then two months prior to the discovery of harm by the plaintiff.
Rexlan said:
If you are worried about the SOL in this instance then I think you have not been diligent at all. No reasonable person, unless they were out of the area or something, would let their property go unmonitored for "years".

As neither of these statements indicate that I a) am beyond the SOL nor b) that I failed to discover the damage for years. In fact, they clearly contradict the subsequently proffered opinions. To a reasonable person, is it obvious that the collective understanding on this thread was wrong, TWICE. However to Rexlan's credit, he/she did read my response concerning her/his points with additional information about accessibility and frequency of inspections of the damaged area revised his/her opinion based on the new information.

On the other hand, all I get from Zigner is more of the same and a statement that I am not correct for this forum. My mother always told me to remember that when you point a finger at someone, three fingers point back at you. Have a pleasant life.

That being said, I apologize for the above, but I don't suffer fools gladly. I appreciate the meaningful responses of Tranquility and Rexlan and look forward to a continuing dialog with them and similarly reasonable people.

To get back on track, my last set of questions were concerning stopping the clock (or more accurately satisfying the requirements to be within SOL when commencing an action).

There are several parties to the Action, natural and corporate. When does the clock stop? When the Index Number is purchased? When the complaint is filed on that Index Number? When service of the Summons and Complaint is complete? And if so, complete on everyone party?
Thanks in advance!
 

Zigner

Senior Member, Non-Attorney
And, in the end, the best advice you got from this forum came from me. You should consult with a local attorney.

:rolleyes:

The second set questions I asked were never answered. What I received was a series of ill-formed opinions based mis-readings of my very clear statements.









As neither of these statements indicate that I a) am beyond the SOL nor b) that I failed to discover the damage for years. In fact, they clearly contradict the subsequently proffered opinions. To a reasonable person, is it obvious that the collective understanding on this thread was wrong, TWICE. However to Rexlan's credit, he/she did read my response concerning her/his points with additional information about accessibility and frequency of inspections of the damaged area revised his/her opinion based on the new information.

On the other hand, all I get from Zigner is more of the same and a statement that I am not correct for this forum. My mother always told me to remember that when you point a finger at someone, three fingers point back at you. Have a pleasant life.

That being said, I apologize for the above, but I don't suffer fools gladly. I appreciate the meaningful responses of Tranquility and Rexlan and look forward to a continuing dialog with them and similarly reasonable people.

To get back on track, my last set of questions were concerning stopping the clock (or more accurately satisfying the requirements to be within SOL when commencing an action).



Thanks in advance!
 

deenorris

Member
And, in the end, the best advice you got from this forum came from me. You should consult with a local attorney.

:rolleyes:
Over two years ago, I engaged a civil attorney and then subsequently suffered from a undiagnosed thyroid condition that negatively impacted my mental facilities. During the intervening period while I was struggling with that issue, my attorney did nothing on the action. After regaining my normal mental acuity and attending to immediately pressing issues, I contacted my attorney about the status of the action, who then promptly notified me that she was withdrawing from the matter due to the proximity of end of SOL.

Consequently, I am left with somewhere between 30 days and 90 days (depending on the reasonableness of my delayed discovery of the damages in 2005 to either (a) replace the attorney or (b) compel my attorney to honor her agreement and furthermore (c) take the necessary actions to ensure that I do go beyond the SOL while pursuing (a) and/or (b). Both (a) and (b) have there own respective difficulties that makes it unlikely to achieve either of them before the earliest date of the expiration of SOL. My questions on this forum pertain to achieving (c).

So, your final advice (and I do mean final as I am done with conversing with you) is unwarranted, unrequested and unnecessary.

Based on my brief previous experiences with you, I suggest that you read this post slowly and allow your lips to move when reading the big words as I will not further clarify the underpinnings of my questions to you.

Have a pleasant life.
 

Rexlan

Senior Member
To get back on track, my last set of questions were concerning stopping the clock (or more accurately satisfying the requirements to be within SOL when commencing an action).
Thanks in advance!
You should not argue or be disrespectful after you post on this forum. Your last post is in poor taste. You were given very good information from the beginning considering the abbreviated information you provided. It is not reasonable to cherry-pick the ongoing discussion to suit your argument now and then be somewhat rude in the process.

Your personal difficulties and your relationship with your past attorney are immaterial in this case or any other except that you are bound by any actions/inaction taken by your attorney. However, you need to get past those issues while you have time because they will be given no consideration by the court.

That said, the clock stops when you file a complaint (take an affirmative action) so you may want to move on to that stage. It continues until you do.

I agree with Zigner and also think you would be better served to consult with a local attorney from here.
Good luck.
 

Zigner

Senior Member, Non-Attorney
So, your final advice (and I do mean final as I am done with conversing with you) is unwarranted, unrequested and unnecessary.
You've come to a free advice board, yet you say that my advice is unwarranted, unrequested and unnecessary.

Yet, it is still absolutely accurate :rolleyes:
 

deenorris

Member
Your personal difficulties and your relationship with your past attorney are immaterial in this case or any other except that you are bound by any actions/inaction taken by your attorney. However, you need to get past those issues while you have time because they will be given no consideration by the court.
Exactly. Which is why I never brought it up until I was advised to see an attorney. My focus is on preserving the claim within the SOL.

That said, the clock stops when you file a complaint (take an affirmative action) so you may want to move on to that stage. It continues until you do.
Agreed. What I wish to avoid is taking an action that further disadvantage me. I have the small luxury of a couple of days in which to research the problem to allow me to take the smallest action possible.

I agree with Zigner and also think you would be better served to consult with a local attorney from here.
Good luck.
From anywhere, actually. Trust me, that is under way as well.

Thank you.
 

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