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Statute of limitations on Harassment Penal Code 240.26 in a counter-suit on a civil matter

Albany, NY |

A co-worker who used to make innuendo remarks and mess with me for years - I am looking to charge with 240.26 Harassment (as a counter-suit in a civil suit)- What is statute of limitations in NY for this penal code; and though 240.26 is a criminal matter, can it be brought about as a counter claim/suit in a civil matter?

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Posted

You can not counter claim for Harassment under PL 240.26 in a civil suit. If you've been served with a Summons and Complaint you should consult with an attorney as soon as possible.

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Posted

That is a criminal charge and only a prosecutor can charge someone with it. New York does not have a civil cause of action for harassment.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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