New York State Court Clerk Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

If the statute of limitations is less than three years for a person under disability due to infancy or insanity, until when is it extended?

Until the disability ceases

The statute of limitations is designed to ensure that claims are made within a reasonable timeframe. However, when an individual is under a legal disability such as infancy (being a minor) or insanity, the law recognizes that these individuals may not be capable of protecting their own rights. Consequently, the statute of limitations is extended to provide them an opportunity to pursue their claims once the disability has ceased.

When referring to the correct option, the phrase "until the disability ceases" accurately reflects the legal principle in New York State law, which allows the statute of limitations to be suspended during the period of disability. This means that as soon as the individual is no longer considered disabled—whether they reach maturity, overcome their mental incapacity, or in any other way regain the ability to assert their rights—the time limit for bringing a claim resumes from that point.

The other options do not encompass the full scope of the law regarding disabilities. For example, stating a specific age like 21 or 18 would overlook the possibility that an individual may remain under disability past these ages, thus misleadingly narrowing the situation. Additionally, suggesting that the extension lasts for a lifetime isn't accurate; it specifically ends when the disability is lifted. Therefore, the correct approach is to state that the

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Until the person turns 21

Until the person turns 18

For a lifetime

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