New York: rules and deadlines at a glance

Every 10 topic we track for New York on one page. Open a topic for the details, the law it comes from and how New York compares.

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Malpractice rules · Small claims limits · Small estate limits · Debt time limits · Shared fault rules · Medicaid expansion · ACA marketplace · Claim deadlines · Estate and inheritance tax

General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply; open a topic for the details.

Filing deadlines (statute of limitations)

Medical malpractice	2 years 6 months
Wrongful death	2 years from death

Malpractice rules Single detailed source

Damage cap	No cap
Expert affidavit or certificate	Certificate of merit filed with the complaint (up to 90 days in some cases)
Before you sue	None required

Small claims limits Single detailed source

Dollar limit	$3,000 to $10,000 depending on the court ($10,000 in NYC)
Filing fee	$10 to $20
Lawyers	Allowed

Small estate limits Single detailed source

Small estate limit	$50,000 personal property
Wait after death	None
Real estate	No

Debt time limits

Credit cards / open accounts	3 years
Written contracts	3 years
Promissory notes	3 years

Shared fault rules

Rule	Pure comparative negligence
When you are barred	Up to 99% at fault: damages reduced by your share

Medicaid expansion Single detailed source

Expanded?	Yes
Since	Jan. 1, 2014

ACA marketplace

Marketplace type	State-run marketplace
Where to enroll	NY State of Health

Claim deadlines

Acknowledge	15 business days
Accept or deny	15 business days after proof of loss and requested items (30 if arson is suspected)
Pay	5 business days after an agreed settlement

Estate and inheritance tax

Estate tax	Yes: estates over $7,350,000, taxed at 3.06%-16%
Inheritance tax	No inheritance tax