In New York, the “Resurrection Act” is an informal nickname for two state laws that temporarily revived civil lawsuits for sexual abuse even after the normal statute of limitations had expired: the Child Victims Act, for abuse before age 18, and the Adult Survivors Act, for abuse at 18 or older. Both revival windows have now closed. Time-barred claims can no longer be brought back to life under either statute, though survivors of childhood abuse have a separate, ongoing deadline that runs until age 55.
What the Two Laws Did
New York’s standard statutes of limitations set firm deadlines for civil suits. Once the deadline passes, the right to sue is gone no matter how strong the case. The legislature recognized that survivors of sexual abuse often need years or decades before they can come forward, so it passed two laws suspending those deadlines for a limited period.
CPLR § 214-g covers childhood sexual abuse. It revived civil claims for anyone who experienced a sexual offense under Article 130 of the Penal Law, incest, or use of a child in a sexual performance, while under 18. The law applied even if a prior lawsuit had been dismissed as untimely and even if the survivor had never filed a notice of claim against a government entity.1New York State Senate. New York Civil Practice Law and Rules Law 214-G – Certain Child Sexual Abuse Cases
CPLR § 214-j covers adult survivors. It revived civil claims for anyone who was 18 or older when they experienced a sexual offense under Article 130 or incest under Penal Law sections 255.26 or 255.27. Like its counterpart, it overrode prior timeliness dismissals and missing notice-of-claim filings.2New York State Senate. New York Civil Practice Law and Rules Law 214-J – Certain Sexual Offense Actions
Neither statute created a new cause of action. They simply reopened the door for existing claims such as battery, assault, negligent supervision, and intentional infliction of emotional distress, against both individual perpetrators and institutions.
Who Qualified
Eligibility turned on the survivor’s age at the time of the abuse and whether the conduct fit the definition of a sexual offense under New York’s Penal Law. Article 130 covers a wide range of conduct, from sexual misconduct and forcible touching through all degrees of rape, sexual abuse, and aggravated sexual abuse.3New York State Senate. New York Penal Code Article 130 – Sex Offenses No criminal prosecution had to have occurred. The question was whether the conduct would qualify as a sexual offense, not whether anyone was charged.
Child Victims Act (Under 18)
If the abuse happened before the survivor turned 18, the claim fell under CPLR § 214-g. Covered offenses included sexual offenses under Article 130, incest under Penal Law sections 255.25 through 255.27, and the use of a child in a sexual performance under section 263.05. Predecessor laws prohibiting the same conduct were also covered, so older cases were not excluded because statute numbers had changed.
Adult Survivors Act (18 or Older)
If the abuse happened at 18 or older, the claim fell under CPLR § 214-j. Covered offenses were sexual offenses under Article 130 and incest under Penal Law sections 255.26 and 255.27. Force did not have to be shown; any conduct meeting the statutory definition qualified, including situations where consent was impossible due to incapacity.
When the Windows Opened and Closed
The revival of time-barred claims was never permanent. Each law opened a limited filing window, and once the window closed, the chance to revive an old claim closed with it.
- Child Victims Act window: opened August 14, 2019. Originally set to close after one year, it was extended because of COVID-19 and closed on August 14, 2021.4Office for the Prevention of Domestic Violence. Extension of Child Victims Act Revival Window
- Adult Survivors Act window: opened November 24, 2022, and closed November 24, 2023. No extension was granted.
Missing those dates permanently restored the original statute of limitations for the claim. A survivor who did not file during the relevant window cannot revive a time-barred case under either statute. Cases filed during a window but still pending in court continue normally; the deadline applied to initial filing, not to trial completion.
What’s Still Available
A closed revival window does not mean every survivor is out of options. Several paths may remain, depending on the facts.
The Age-55 Deadline for Childhood Abuse
Separate from its look-back window, the Child Victims Act permanently extended the ongoing filing deadline for childhood sexual abuse claims. Survivors now have until age 55 to file a civil lawsuit for abuse that occurred before they turned 18.5New York State Senate. Senate Bill S2440 The previous deadline was age 23. A survivor who is currently under 55, and whose claim was not already time-barred under the old rule, may still have a viable case without needing any revival window.
New York City’s Gender-Motivated Violence Act Window
New York City has a separate look-back window under an amended Gender-Motivated Violence Act. The new one-year window is expected to open in March 2026 and close in March 2027, allowing survivors of gender-motivated violence in New York City to file civil claims even if the statute of limitations had expired. This window is narrower than the state laws: it is limited to incidents in New York City and to conduct qualifying as gender-motivated violence rather than the broader sexual offense categories above.
Tolling for Legal Disability
Under CPLR § 208, the limitations clock pauses when a survivor has a “legal disability” at the time the claim arises. The recognized disabilities are infancy (being under 18) and a condition that renders the person unable to protect their legal rights. For minors, the clock starts at 18. For someone with a qualifying mental condition, the clock starts when that condition resolves. A hard outer limit of 10 years from the date the claim arose applies regardless of whether the disability continues.
Suing the Institution, Not Just the Abuser
Cases under these statutes often name not only the individual abuser but also the school, hospital, church, youth organization, or other institution that employed or supervised the abuser. The usual theories are negligent hiring and negligent supervision. An institution can be liable if it failed to screen employees or volunteers, ignored complaints or warning signs, created conditions that allowed abuse to continue, or failed to put reasonable safeguards in place.
Both CPLR § 214-g and § 214-j allow claims for “intentional or negligent acts or omissions by a person” and permit lawsuits against “any party” responsible. In practical terms, an institution that knew or should have known about the risk and did nothing faces the same legal exposure as the abuser. For many survivors, the institutional claim is where realistic compensation lies, since individual perpetrators often have few assets.
When the Defendant Files for Bankruptcy
The wave of suits that followed the revival windows pushed several institutions, particularly Catholic dioceses, into Chapter 11 bankruptcy. A bankruptcy filing triggers an automatic stay that halts all pending lawsuits against the organization. Survivors cannot continue litigating, file new state-court claims, or collect on existing judgments while the stay is in effect.
Instead, survivors must file a proof of claim in the bankruptcy case by the court-imposed deadline. The form typically asks for the survivor’s identifying information, the abuser’s identity, approximate dates and location of the abuse, and any prior lawsuits. Missing the bankruptcy deadline can permanently cut off any right to recover from that institution’s assets or insurance. If an institution you have a claim against has entered bankruptcy, that court’s deadlines matter more than anything happening in state court.
Fees, Taxes, and Filing Costs
Most sexual abuse cases are handled on contingency. The attorney takes a percentage of any recovery and collects nothing if there is no recovery. New York caps contingency fees in personal injury matters; attorney and client can also agree in advance to a flat rate of no more than 33⅓ percent of the recovery.6New York Courts. Section 1015.15 – Contingent Fees in Claims and Actions for Personal Injury and Wrongful Death
Taxes depend on what the money is paid for. Compensatory damages for personal physical injuries or physical sickness are excluded from gross income under federal law and are not taxed, whether paid as a lump sum or over time, and whether from a settlement or verdict.7Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness Damages for emotional distress alone, without a physical injury component, are taxable unless the money reimburses actual medical expenses for treating that distress.8Internal Revenue Service. Certain Payments Related to Sexual Harassment and Sexual Abuse Punitive damages are always taxable. How a settlement allocates the payment among physical injury, emotional distress, and punitive components can change the tax result significantly.
Filing a case in New York Supreme Court requires purchasing an index number. Plaintiffs may file electronically through NYSCEF or in person at a county clerk’s office.9New York State Unified Court System. New York State Courts Electronic Filing Once filed, the summons and complaint must be served on every defendant within 120 days.10New York State Senate. New York Code CVP 306-B – Service of the Summons and Complaint