If a plaintiff was a New York resident when the out-of-state action arose, which statute applies?

If a plaintiff was a New York resident when the out-of-state action arose, which statute applies?

• A. The statute of the state where injury occurred
• B. New York statute of limitations
• C. The shorter of the two
• D. Federal statute of limitations

Answer: (B)

The rule being tested is how New York handles statutes of limitations for claims arising outside the state. New York’s borrowing statute, CPLR 202, means that when a cause of action accrues outside New York, the time to sue is governed by the shorter of two periods: the statute of limitations of the place where the action accrued and New York’s own statute of limitations. A key detail is the plaintiff’s residence at the time of accrual: if the plaintiff was a New York resident when the action accrued, New York’s statute typically governs. So, because the plaintiff was a New York resident when the out-of-state action arose, the applicable deadline is set by New York’s statute of limitations.

The rule being tested is how New York handles statutes of limitations for claims arising outside the state. New York’s borrowing statute, CPLR 202, means that when a cause of action accrues outside New York, the time to sue is governed by the shorter of two periods: the statute of limitations of the place where the action accrued and New York’s own statute of limitations. A key detail is the plaintiff’s residence at the time of accrual: if the plaintiff was a New York resident when the action accrued, New York’s statute typically governs.

So, because the plaintiff was a New York resident when the out-of-state action arose, the applicable deadline is set by New York’s statute of limitations.