Legal Question in Civil Rights Law in New York

Generally, the statute of limitations to bring a civil suit for assault and/or battery is one year pursuant to Section 215 of the Civil Practice Law and Rules. However, pursuant to Sec. 215(8), "Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event... the plaintiff shall have at least one year from the termination of the criminal action as defined in section 1.20 of the criminal procedure law..." Pursuant to Sec. 1.20 of the Criminal Procure Law, a criminal action "terminates with the imposition of sentence or some other final disposition in a criminal court..."

Thus, if the sentence was imposed more than a year ago, it is likely that the statute of limitations has elapsed. However, if this was a rape or sexual assault of some nature, the statute of limitations is extended for a full five years after the sentence was imposed pursuant to CPLR 215(8)(b), in which event you would still have time to file. If the incident involved a sexual assault, please feel free to call me to discuss it further. If not, I strongly advise you to get a second opinion, as there may be equitable tolling provisions, which I am not personally aware of, which might apply to your case and might further extend your time to file.