Statute:

Computing periods of limitation in particular actions

ยง 206. Computing periods of limitation in particular actions. (a)
Where demand necessary. Except as provided in article 3 of the uniform
commercial code, where a demand is necessary to entitle a person to
commence an action, the time within which the action must be commenced
shall be computed from the time when the right to make the demand is
complete, except that

1. where a right grows out of the receipt or detention of money or
property by a trustee, agent, attorney or other person acting in a
fiduciary capacity, the time within which the action must be commenced
shall be computed from the time when the person having the right to make
the demand discovered the facts upon which the right depends; and

2. where there was a deposit of money to be repaid only upon a special
demand, or a delivery of personal property not to be returned
specifically or in kind at a fixed time or upon a fixed contingency, the
time within which the action must be commenced shall be computed from
the demand for repayment or return.

(b) Based on misconduct of agent. Where a judgment is entered against
a principal in an action based upon an injury resulting from the act or
omission of his deputy or agent, the time within which an action by the
principal against the deputy or agent to recover damages by reason of
such judgment must be commenced shall be computed, from the time when
the action against the principal was finally determined. Where an injury
results from the representation by a person that he is an agent with
authority to execute a contract in behalf of a principal, the time
within which an action to recover damages for breach of warranty of
authority must be commenced by the person injured against the purported
agent shall be computed from the time the person injured discovered the
facts constituting lack of authority.

(c) Based on breach of covenant of seizin or against incumbrances. In
an action based upon breach of a covenant of seizin or against
incumbrances, the time within which the action must be commenced shall
be computed from an eviction.

(d) Based on account. In an action based upon a mutual, open and
current account, where there have been reciprocal demands between the
parties, the time within which the action must be commenced shall be
computed from the time of the last transaction in the account on either
side.

CVP 206 2014-09-22

Sections:

Article 2: LIMITATIONS OF TIME
Section 201 Application of article
Section 202 Cause of action accruing without the state
Section 203 Method of computing periods of limitation generally
Section 204 Stay of commencement of action; demand for arbitration
Section 205 Termination of action
Section 206 Computing periods of limitation in particular actions
Section 207 Defendant's absence from state or residence under false name
Section 208 Infancy, insanity
Section 209 War
Section 210 Death of claimant or person liable; cause of action accruing after death and before grant of letters
Section 211 Actions to be commenced within twenty years
Section 212 Actions to be commenced within ten years
Section 213 Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument;...
Section 213-A Actions to be commenced within four years; residential rent overcharge
Section 213-B Action by a victim of a criminal offense
Section 213-C Action by victim of conduct constituting certain sexual offenses
Section 214 Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute;...
Section 214-A Action for medical, dental or podiatric malpractice to be commenced within two years and six months; exceptions
Section 214-B Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides
Section 214-C Certain actions to be commenced within three years of discovery
Section 214-D Limitations on certain actions against licensed engineers and architects
Section 214-E Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human immunodeficiency virus (HIV) and/or AIDS
Section 215 Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, malicious prosecution, libel or slander;..
Section 216 Abbreviation of period to one year after notice
Section 217 Proceeding against body or officer; actions complaining about conduct that would constitute a union's breach of its duty of fair representation; four months
Section 217-A Actions to be commenced within one year and ninety days
Section 218 Transitional provisions

Search Decisions Citing Statute