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.
The statute of limitations for no-fault insurance claims has been a contentious issue in New York courts, particularly when dealing with self-insured entities. While most no-fault cases follow established timeframes, claims against self-insured organizations have created judicial uncertainty, with different courts reaching conflicting conclusions about whether a three-year or six-year limitation period applies.
This uncertainty has practical implications for injured parties and healthcare providers seeking reimbursement. The distinction between three versus six-year limitations can mean the difference between a viable claim and one that’s time-barred. Previously, the Appellate Term declined to follow First Department precedent on this issue, highlighting the need for definitive guidance from New York’s highest court.
Jason Tenenbaum’s Analysis:
Contact Chiropractic, P.C., as assignee of Butler v New York City Transit Authority, 2016 NY Slip Op 73043(U)(2d Dept. 2016)
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SOL on self-insured’s going up to the Court of Appeals.
“ORDERED that the motion is granted, and the following question is certified to the Court of Appeals: Was the decision and order of this Court dated January 20, 2016, which determined that an action to recover first-party no-fault benefits from a party which is self-insured is subject to a six-year statute of limitations, properly made?
Questions of law have arisen, which, in our opinion, ought to be reviewed by the Court of Appeals (see CPLR 5713).”
Admittedly, this is an issue I do not encounter frequently in my practice insofar as I do not represent or bring actions (usually) against self-insured entities. I am curious to see how this shakes out,
Key Takeaway
The Second Department has certified a critical question to New York’s Court of Appeals regarding the proper statute of limitations for no-fault claims against self-insured entities. This case could finally resolve the ongoing judicial split between three-year and six-year limitation periods, providing much-needed clarity for practitioners handling these specialized claims.
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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.
