215 - Actions to be commenced within one year: against sheriff, coroner or constable; for escape of prisoner; for assault, battery, false imprisonment, mali

§  215.  Actions  to  be  commenced  within one year: against sheriff,  coroner or constable; for escape  of  prisoner;  for  assault,  battery,  false   imprisonment,  malicious  prosecution,  libel  or  slander;  for  violation of right  of  privacy;  for  penalty  given  to  informer;  on  arbitration  award.  The following actions shall be commenced within one  year:    1. an action against a sheriff, coroner or constable, upon a liability  incurred by him by doing an act in his official capacity or by  omission  of  an  official duty, except the non-payment of money collected upon an  execution;    2. an action against an officer for the escape of a prisoner  arrested  or imprisoned by virtue of a civil mandate;    3.   an   action  to  recover  damages  for  assault,  battery,  false  imprisonment, malicious prosecution, libel, slander, false words causing  special damages, or a violation of the right of  privacy  under  section  fifty-one of the civil rights law;    4. an action to enforce a penalty or forfeiture created by statute and  given  wholly  or partly to any person who will prosecute; if the action  is not commenced within  the  year  by  a  private  person,  it  may  be  commenced  on  behalf  of  the  state,  within  three  years  after  the  commission of the offense,  by  the  attorney-general  or  the  district  attorney of the county where the offense was committed; and    5. an action upon an arbitration award.    6.  An  action  to  recover any overcharge of interest or to enforce a  penalty for such overcharge.    7. an action by a tenant pursuant to subdivision three of section  two  hundred twenty-three-b of the real property law.    8.  (a)  Whenever  it is shown that a criminal action against the same  defendant has been commenced with respect to  the  event  or  occurrence  from  which a claim governed by this section arises, the plaintiff shall  have at least one year from the termination of the  criminal  action  as  defined  in  section  1.20  of  the  criminal  procedure law in which to  commence the civil action, notwithstanding that the  time  in  which  to  commence  such  action  has  already  expired  or  has  less than a year  remaining.    (b) Whenever it is shown that  a  criminal  action  against  the  same  defendant  has  been  commenced  with respect to the event or occurrence  from which a claim governed by this section arises,  and  such  criminal  action  is  for rape in the first degree as defined in section 130.35 of  the penal law, or criminal sexual act in the first degree as defined  in  section 130.50 of the penal law, or aggravated sexual abuse in the first  degree  as  defined  in  section  130.70  of the penal law, or course of  sexual conduct against a child in the first degree as defined in section  130.75 of the penal law, the plaintiff shall have at  least  five  years  from  the  termination of the criminal action as defined in section 1.20  of the criminal procedure law in which to  commence  the  civil  action,  notwithstanding  that  the  time  in  which  to commence such action has  already expired or has less than a year remaining.