New York

Negligence Doctrine: Pure Comparative Negligence
Circuit # 2

>Photo of New York

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property N/A
  • Breach of Contract (Written) 6 years
  • Personal Property 3 years
  • Personal Injury 3 years
    • Wrongful Death 2 years
    • Medical Malpractice 2.5 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – YES
Suspend Owner’s License – YES

Deductible Reimbursement

Pro Rata State
N.Y. Ins. Reg. 64, § 216.7 (g)(1)


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

The maximum amount recoverable is 10% of gross income, or the federal maximum, whichever is less; If the debtor is subject to garnishment for alimony, support or maintenance, the combined garnishments cannot exceed 25% of disposable earnings; Income executions are prioritized by order of delivery to the Sheriff, but garnishments for alimony support or maintenance always take priority; The execution is a two-stage process: First, the sheriff serves the execution on the debtor at his or her residence. If the debtor does not begin making payments within 20 days, the sheriff levies on the employer

Parental Responsibility

Child between 10 and 18
Dollar Limit on Parents’ Liability: $5,000
Liability imposed when child willfully, maliciously, or unlawfully destroys property

Subrogation by Landlord's Carrier against Tenant


State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.