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

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.

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.

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Attorney answers 4


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.


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.


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 named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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.