Ray v. Ray, No. 21-982 (2d Cir. 2021)
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Civil Practice Law and Rules section 205(a), New York's "Saving Statute," does not permit a litigant to file an otherwise untimely "new action" within six months of a prior action, where that "prior action" was, itself, only made timely by a previous application of section 205(a).
The Second Circuit affirmed the district court's order granting defendant's motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), on the grounds that the complaint was time-barred. In this case, the Second Circuit dismissed the 2018 Federal Action in a summary order dated January 23, 2020; defendant filed his initial complaint in the 2020 Action on July 8, 2020; and the court rejected defendant's contention that because the 2020 Action was filed within six months of the court's dismissal of the 2018 Federal Action (which was, itself, timely based on section 205(a), having been filed within six months of the affirmance of the dismissal of the 2014 Action), the 2020 Action is timely.
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