This pamphlet describes how to prepare, serve and submit a motion in the. Supreme Court, Bronx County.Every lawsuit must be brought within one of various deadlines spelled out in the law, which are known as statutes of limitations. An overview, definitions and general list of New York tort causes of action. Helpful summaries and analyses of tort related cases. The first element of a negligence claim or tort is duty. This means that everyone has a level of duty to the public, for instance, not causing a car crash. We are dedicated to supporting and enhancing the practice of legal professionals in torts, insurance and compensation law. -Exceptions to the no duty to act rule: -Special relationships: when defendant has custody over the plaintiff who is not in a position to protect himself. In New York, tortious battery is defined as an intentional unwanted touching.