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This entry was published on 2014-09-22
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SECTION 206
Computing periods of limitation in particular actions
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 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.