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Home » US Law » 2022 New York Laws » Consolidated Laws » CVP - Civil Practice Law and Rules » Article 2 - Limitations of Time » 206 – Computing Periods of Limitation in Particular Actions.
§  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.