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What kind of cases use a one-year and 90-day statute of limitations?

  1. Property damage

  2. Negligence against a municipality

  3. Contract disputes

  4. Personal injury

The correct answer is: Negligence against a municipality

The one-year and 90-day statute of limitations applies specifically to claims against municipal entities in New York. This time frame is crucial for ensuring that claims alleging negligence or other causes of action resulting from actions taken by municipalities, such as cities or towns, are timely filed. In contrast, other types of cases have different statutes of limitations. For instance, personal injury cases generally have a three-year limit, while contract disputes typically carry a six-year statute of limitations. Property damage claims also share a three-year statute of limitations, separate from the specifications pertaining to municipal liability. Understanding the unique statutory deadlines for cases involving municipalities is essential for practitioners, as failing to comply with the one-year and 90-day requirement can result in a dismissal of the case, regardless of its merits. This underscores the importance of timely action in legal proceedings involving government entities.