Why Trust This Analysis
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.
Understanding Conflicting Precedents in No-fault Insurance Litigation
New York’s no-fault insurance system creates unique challenges when it comes to statute of limitations issues, particularly for self-insured entities like the New York City Transit Authority. When different appellate departments reach opposing conclusions on the same legal issue, practitioners must navigate carefully to determine which precedent applies in their jurisdiction.
The case of Contact Chiropractic, P.C. v New York City Transit Authority illustrates this complexity perfectly. At the heart of the dispute was whether a three-year or six-year statute of limitations applied to no-fault claims against self-insured entities — a question that had divided New York’s appellate courts.
Jason Tenenbaum’s Analysis:
Contact Chiropractic, P.C. v New York City Tr. Auth., 2013 NY Slip Op 23410 (App. Term 2d Dept. 2013)
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“Defendant contended therein that, since it does not maintain an insurance policy, its obligation to provide no-fault benefits is statutorily imposed (Insurance Law § 5103; see Insurance Department Regulations § 65-2.1) and governed by CPLR 214 (2), which imposes a three-year statute of limitations. In opposition to the motion, plaintiff asserted that a six-year statute of limitations, as set forth in CPLR 213 (2), applied, citing Matter of ELRAC Inc. v Suero (38 AD3d 544 ). Defendant replied that the recent First Department holding in M.N. Dental Diagnostics, P.C. v New York City Tr. Auth. (82 AD3d 409 ) required the imposition of a three-year statute of limitations (see also Richard Denise M.D. P.C. v New York City Tr. Auth., 96 AD3d 561 ).”
So it appears that the Appellate Term followed the Second Department precedent as opposed to more recent First Department precedent. This would be proper. Mountainview Coach Lines v Storms, 102 AD2d 663, 664-665 (2d Dept 1984)
Key Takeaway
The Appellate Term properly adhered to Second Department precedent rather than following the First Department’s more recent ruling. This decision underscores the importance of understanding jurisdictional precedent in no-fault litigation. For practitioners facing time-sensitive filing issues, knowing which statute of limitations applies can make the difference between a viable claim and a dismissed case.
Legal Update (February 2026): Since this 2013 decision analyzing conflicting precedents on statute of limitations for self-insured entities, New York’s appellate courts may have issued additional rulings that could clarify or modify the three-year versus six-year limitations period debate. Insurance Department regulations under § 65-2.1 and related procedural requirements may also have been amended. Practitioners handling no-fault claims against self-insured entities should verify current appellate precedent and regulatory provisions to ensure compliance with the most recent statutory interpretation.
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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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.
