§ 213. Actions to be commenced within six years: where not otherwise
provided for; on contract; on sealed instrument; on bond or note, and
mortgage upon real property; by state based on misappropriation of
public property; based on mistake; by corporation against director,
officer or stockholder; based on fraud. The following actions must be
commenced within six years:

1. an action for which no limitation is specifically prescribed by
law;

2. an action upon a contractual obligation or liability, express or
implied, except as provided in section two hundred thirteen-a or two
hundred fourteen-i of this article or article 2 of the uniform
commercial code or article 36-B of the general business law;

3. an action upon a sealed instrument;

4. an action upon a bond or note, the payment of which is secured by a
mortgage upon real property, or upon a bond or note and mortgage so
secured, or upon a mortgage of real property, or any interest therein;

(a) In any action on an instrument described under this subdivision,
if the statute of limitations is raised as a defense, and if that
defense is based on a claim that the instrument at issue was accelerated
prior to, or by way of commencement of a prior action, a plaintiff shall
be estopped from asserting that the instrument was not validly
accelerated, unless the prior action was dismissed based on an expressed
judicial determination, made upon a timely interposed defense, that the
instrument was not validly accelerated.

(b) In any action seeking cancellation and discharge of record of an
instrument described under subdivision four of section fifteen hundred
one of the real property actions and proceedings law, a defendant shall
be estopped from asserting that the period allowed by the applicable
statute of limitation for the commencement of an action upon the
instrument has not expired because the instrument was not validly
accelerated prior to, or by way of commencement of a prior action,
unless the prior action was dismissed based on an expressed judicial
determination, made upon a timely interposed defense, that the
instrument was not validly accelerated.

5. an action by the state based upon the spoliation or other
misappropriation of public property; the time within which the action
must be commenced shall be computed from discovery by the state of the
facts relied upon;

6. an action based upon mistake;

7. an action by or on behalf of a corporation against a present or
former director, officer or stockholder for an accounting, or to procure
a judgment on the ground of fraud, or to enforce a liability, penalty or
forfeiture, or to recover damages for waste or for an injury to property
or for an accounting in conjunction therewith.

8. an action based upon fraud; the time within which the action must
be commenced shall be the greater of six years from the date the cause
of action accrued or two years from the time the plaintiff or the person
under whom the plaintiff claims discovered the fraud, or could with
reasonable diligence have discovered it.

9. an action by the attorney general pursuant to article
twenty-three-A of the general business law or subdivision twelve of
section sixty-three of the executive law.