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Statute of doom.
Statute of Limitations

Statute of doom.

By Jason Tenenbaum 8 min read

Key Takeaway

No-fault insurance statute of limitations case analysis - EBM Med. Health Care v Amica showing how improper motion practice led to dismissal failure.

This article is part of our ongoing statute of limitations coverage, with 16 published articles analyzing statute of limitations issues across New York State. Attorney Jason Tenenbaum brings 24+ years of hands-on experience to this analysis, drawing from his work on more than 1,000 appeals, over 100,000 no-fault cases, and recovery of over $100 million for clients throughout Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, and the Bronx. For personalized legal advice about how these principles apply to your specific situation, contact our Long Island office at (516) 750-0595 for a free consultation.

EBM Med. Health Care, P.C. v Amica Mut. Ins. Co., 2011 NY Slip Op 51720(U)(App. Term 2d Dept. 2011).

How do you lose a statute of limitations case… Well…

In the no-fault context, a cause of action accrues when payment of no-fault benefits becomes “overdue” (see Insurance Law § 5106 ; see also Benson v Boston Old Colony Ins. Co., 134 AD2d 214 ; New Era Acupuncture, P.C. v MVAIC, 18 Misc 3d 139, 2008 NY Slip Op 50353 ). In this case, benefits became overdue 30 days after defendant’s receipt of proof of the claim (see Insurance Law § 5106 ; former Insurance Department Regulations § 65.15 , now Insurance Department Regulations § 65-3.8; Aetna Life & Cas. Co. v Nelson, 67 NY2d 169, 175 ). The complaint alleges that a claim form in the amount of $1,707.97 was submitted to defendant on June 6, 2001. In considering a motion to dismiss a complaint as barred by the statute of limitations, the court must take the factual allegations of the complaint as true, and [*2]must resolve all inferences in favor of the plaintiff (see Island ADC, Inc., 49 AD3d 815). We note that defendant’s dismissal motion was based upon an allegation that defendant had received a bill for $1,467.95 on April 3, 2001, and that this bill, along with a bill for $240.02, are the bills which are the subject of this action. However, defendant failed to demonstrate that these two bills, one of which it claims to have received on April 3, 2001, are the subject of this action, where the complaint alleges that one bill for $1,707.97 was submitted on June 6, 2001.

Defendant should have (1) moved for summary judgment; (2) provided an affidavit explaining when each bill was received; and (3) provided a copy of each bill.

CPLR 3211(a)(5) + bills that do not add up to the amount in dispute = disaster.


Legal Update (February 2026): Since this 2011 post, the cited Insurance Department Regulations § 65-3.8 and related no-fault procedural requirements may have been amended, and statutory provisions regarding accrual periods and overdue benefit determinations under Insurance Law § 5106 should be verified for current applicability. Practitioners should confirm current regulatory provisions and recent case law developments affecting statute of limitations calculations in no-fault benefit cases.

Legal Context

Why This Matters for Your Case

New York law is among the most complex and nuanced in the country, with distinct procedural rules, substantive doctrines, and court systems that differ significantly from other jurisdictions. The Civil Practice Law and Rules (CPLR) governs every stage of civil litigation, from service of process through trial and appeal. The Appellate Division, Appellate Term, and Court of Appeals create a rich and ever-evolving body of case law that practitioners must follow.

Attorney Jason Tenenbaum has practiced across these areas for over 24 years, writing more than 1,000 appellate briefs and publishing over 2,353 legal articles that attorneys and clients rely on for guidance. The analysis in this article reflects real courtroom experience — from motion practice in Civil Court and Supreme Court to oral arguments before the Appellate Division — and a deep understanding of how New York courts actually apply the law in practice.

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Common Questions

Frequently Asked Questions

What are the key statutes of limitations in New York?

Personal injury: 3 years (CPLR §214). Medical malpractice: 2.5 years (CPLR §214-a). Property damage: 3 years. Breach of contract: 6 years. Employment discrimination (NYSHRL): 3 years. No-fault claims must be filed within 6 years of the denial. Each claim type has its own deadline, and missing it typically bars the claim entirely.

Can the statute of limitations be extended or tolled?

Yes, in limited circumstances. Tolling may apply for infancy (under 18), insanity, or when the defendant is out of state. The discovery rule may apply in medical malpractice (continuous treatment doctrine) or toxic exposure cases. Military service under the Servicemembers Civil Relief Act also tolls limitations periods.

What is the statute of limitations for no-fault insurance claims?

A lawsuit to recover no-fault benefits must be commenced within 6 years of the insurer's denial of the claim, per the breach of contract statute (CPLR §213). The claim accrues on the date of the denial, not the date of the accident or treatment. Arbitration requests have different timing rules under the no-fault regulations.

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Attorney Jason Tenenbaum

About the Author

Jason Tenenbaum, Esq.

Jason Tenenbaum is the founding attorney of the Law Office of Jason Tenenbaum, P.C., headquartered at 326 Walt Whitman Road, Suite C, Huntington Station, New York 11746. With over 24 years of experience since founding the firm in 2002, Jason has written more than 1,000 appeals, handled over 100,000 no-fault insurance cases, and recovered over $100 million for clients across Long Island, Nassau County, Suffolk County, Queens, Brooklyn, Manhattan, the Bronx, and Staten Island. He is one of the few attorneys in the state who both writes his own appellate briefs and tries his own cases.

Jason is admitted to practice in New York, New Jersey, Florida, Texas, Georgia, and Michigan state courts, as well as multiple federal courts. His 2,353+ published legal articles analyzing New York case law, procedural developments, and litigation strategy make him one of the most prolific legal commentators in the state. He earned his Juris Doctor from Syracuse University College of Law.

24+ years in practice 1,000+ appeals written 100K+ no-fault cases $100M+ recovered

Disclaimer: This article is published by the Law Office of Jason Tenenbaum, P.C. for informational and educational purposes only. It does not constitute legal advice, and no attorney-client relationship is formed by reading this content. The legal principles discussed may not apply to your specific situation, and the law may have changed since this article was last updated.

New York law varies by jurisdiction — court decisions in one Appellate Division department may not be followed in another, and local court rules in Nassau County Supreme Court differ from those in Suffolk County Supreme Court, Kings County Civil Court, or Queens County Supreme Court. The Appellate Division, Second Department (which covers Long Island, Brooklyn, Queens, and Staten Island) and the Appellate Term (which hears appeals from lower courts) each have distinct procedural requirements and precedents that affect litigation strategy.

If you need legal help with a statute of limitations matter, contact our office at (516) 750-0595 for a free consultation. We serve clients throughout Long Island (Huntington, Babylon, Islip, Brookhaven, Smithtown, Riverhead, Southampton, East Hampton), Nassau County (Hempstead, Garden City, Mineola, Great Neck, Manhasset, Freeport, Long Beach, Rockville Centre, Valley Stream, Westbury, Hicksville, Massapequa), Suffolk County (Hauppauge, Deer Park, Bay Shore, Central Islip, Patchogue, Brentwood), Queens, Brooklyn, Manhattan, the Bronx, Staten Island, and Westchester County. Prior results do not guarantee a similar outcome.

Jason Tenenbaum, Personal Injury Attorney serving Long Island, Nassau County and Suffolk County

About the Author

Jason Tenenbaum

Jason Tenenbaum is a personal injury attorney serving Long Island, Nassau & Suffolk Counties, and New York City. Admitted to practice in NY, NJ, FL, TX, GA, MI, and Federal courts, Jason is one of the few attorneys who writes his own appeals and tries his own cases. Since 2002, he has authored over 2,353 articles on no-fault insurance law, personal injury, and employment law — a resource other attorneys rely on to stay current on New York appellate decisions.

Education
Syracuse University College of Law
Experience
24+ Years
Articles
2,353+ Published
Licensed In
7 States + Federal

Discussion

Comments (4)

Archived from the original blog discussion.

S
slick
Off topic query: For a claim in 2004, a clients got bad info from the patient and billed the wrong insurance company. When I put it in suit in 2006, the company showed me it didnt insure the car he was in. They found the correct carrier for me, and I withdrew the action. Then, at my direction, in 2006-07, my clients billed the correct carrier along with a letter explaining the situation along with the original bills sent to the other carrier in 2004. There was no response within 30 days (or even much later). I put the case into suit in 2008. I just received discovery, and there are denials dated in 2004 claiming that the case was denied based on a peer review. I am 99% sure these denials were manufactured as the carrier in question did not get the claims until several years after the denials were dated. I am loathe to get into the conspiracy theories, but I cannot think of any reasonable justification. Anyone got any thoughts?
J
JT Author
Write a formal complaint to the insurance department. By the way, they read this blog and the comments here. If they prove your theory true, then you have a GBL 349 action, hourly attorney fees and a place in the law journal. If not, then you still have a place in Zuppa’s heart.
KL
Kurt Lundgren
In GBL 349 you need to show how the consumer in general has been injured. One incident wouldnt be enough. Get ten of them and things may get interesting. The hell with the Law Journal – you may even get published in Zuppa’s Pit.
RZ
Raymond Zuppa
Thanks J.T. I would immediately bring an Article 78 action. Look for mandatory langauge in a statute. Then watch the courts twist it anywhere they want to take it and cite to caselaw that as opposed to being “on all four corners” actually levitates. I think the theory is pretty well supported Slick. So why not sue for GBL and fraud etc. If they did it once they have done it more then once. So avoid “prolix pleadings” — which fly high in Federal Court – and sue.

Legal Resources

Understanding New York Statute of Limitations Law

New York has a unique legal landscape that affects how statute of limitations cases are litigated and resolved. The state's court system includes the Civil Court (for claims up to $25,000), the Supreme Court (the primary trial court for unlimited jurisdiction), the Appellate Term (which hears appeals from lower courts), the Appellate Division (divided into four Departments, with the Second Department covering Long Island, Brooklyn, Queens, Staten Island, and several upstate counties), and the Court of Appeals (the state's highest court). Each court has its own procedural requirements, local rules, and case-assignment practices that can significantly impact the outcome of your case.

For statute of limitations matters on Long Island, cases are typically filed in Nassau County Supreme Court (at the courthouse in Mineola) or Suffolk County Supreme Court (in Riverhead). No-fault arbitrations are heard through the American Arbitration Association, which assigns arbitrators throughout the metropolitan area. Workers' compensation claims go to the Workers' Compensation Board, with hearings at district offices across the state. Understanding which forum is appropriate for your case — and the specific procedural rules that apply — is essential for a successful outcome.

The procedural landscape in New York also includes important timing requirements that can affect your case. Most civil actions are subject to statutes of limitations ranging from one year (for intentional torts and claims against municipalities) to six years (for contract actions). Personal injury cases generally have a three-year deadline under CPLR 214(5), while medical malpractice claims must be filed within two and a half years under CPLR 214-a. No-fault insurance claims have their own regulatory deadlines, including 30-day filing requirements for applications and 45-day deadlines for provider claims. Understanding and complying with these deadlines is critical — missing a filing deadline can permanently bar your claim, regardless of how strong your case may be on the merits.

Attorney Jason Tenenbaum regularly practices in all of these venues. His office at 326 Walt Whitman Road, Suite C, Huntington Station, NY 11746, is centrally located on Long Island, providing convenient access to courts and offices throughout Nassau County, Suffolk County, and New York City. Whether you need representation in a no-fault arbitration, a personal injury trial, an employment discrimination hearing, or an appeal to the Appellate Division, the Law Office of Jason Tenenbaum, P.C. brings $24+ years of real courtroom experience to your case. If you have questions about the legal issues discussed in this article, call (516) 750-0595 for a free, no-obligation consultation.

New York's substantive law also presents distinct challenges. In motor vehicle cases, the no-fault system under Insurance Law Article 51 provides first-party benefits regardless of fault, but limits the right to sue for non-economic damages unless the plaintiff establishes a "serious injury" under one of nine statutory categories. This threshold — codified at Insurance Law Section 5102(d) — requires medical evidence showing more than a minor or subjective injury, and courts have developed detailed standards for each category. Fractures must be documented through imaging studies. Claims of permanent consequential limitation or significant limitation of use require quantified range-of-motion testing with comparison to norms. The 90/180-day category demands proof that the plaintiff was unable to perform substantially all of their usual daily activities for at least 90 of the 180 days following the accident.

In employment discrimination cases, the legal standards vary depending on whether the claim arises under state or local law. The New York State Human Rights Law employs a burden-shifting framework: the plaintiff must first establish a prima facie case by showing membership in a protected class, qualification for the position, an adverse employment action, and circumstances giving rise to an inference of discrimination. The burden then shifts to the employer to articulate a legitimate, non-discriminatory reason for its decision. If the employer meets this burden, the plaintiff must demonstrate that the stated reason is pretextual. The New York City Human Rights Law, by contrast, applies a broader standard, asking whether the plaintiff was treated less well than other employees because of a protected characteristic.

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