In a defamation case- does the statute of limitations toll if my attorney files a "pre-action" discovery action?

Asked 12 months ago - New York, NY

It was an anonymous posting on craigslist. I am wondering if the statute of limitations tolls when the attorney files a pre-action discovery action to find out the identity of the user or if it is a hard one-year deadline.

Additional information

Sorry for the misunderstanding- I don't have an attorney, just wondering how this works because I know the initial claim may take a while and I don't want to waste my time if the statute of limitations doesn't stop running when I file the first claim.

Attorney answers (4)

  1. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Did you ask your attorney? He would be your best source of that kind of information.

    It sounds as if the statute will be tolled or extended in order to determine whether an injury actually occurred, but we know none your facts at all.

    Good luck.

  2. Edwin Drantivy

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Discuss your concerns with your personal injury attorney as he/she is in the best position to answer any questions that you may have in this situation.

  3. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . I've never heard that.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was... more
  4. Scott Joseph Whitbeck

    Contributor Level 11

    3

    Lawyers agree

    Answered . I agree that your atty, assuming you have one is the person to ask. However, as a general rule an action is commenced in NY by the filing of a summons and complaint; and the filing must occur before the expiration of the statute of limitations for a paticular cause of action.

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