2006 New York Code - Actions To Be Commenced Within Twenty Years.



 
    §  211. Actions to be commenced within twenty years. (a) On a bond. An
  action to recover  principal  or  interest  upon  a  written  instrument
  evidencing  an  indebtedness  of the state of New York or of any person,
  association or public or private corporation,  originally  sold  by  the
  issuer after publication of an advertisement for bids for the issue in a
  newspaper  of  general  circulation  and secured only by a pledge of the
  faith and credit of the issuer, regardless of whether a sinking fund  is
  or  may  be  established  for  its  redemption, must be commenced within
  twenty years after the cause of action accrues.  This  subdivision  does
  not apply to actions upon written instruments evidencing an indebtedness
  of  any corporation, association or person under the jurisdiction of the
  public service  commission,  the  commissioner  of  transportation,  the
  interstate  commerce  commission, the federal communications commission,
  the civil aeronautics board, the federal power commission, or any  other
  regulatory  commission or board of a state or of the federal government.
  This subdivision applies to all causes of action, including those barred
  on April eighteenth, nineteen hundred fifty, by the  provisions  of  the
  civil practice act then effective.
    (b)  On  a money judgment. A money judgment is presumed to be paid and
  satisfied after the expiration of twenty years from the  time  when  the
  party  recovering  it was first entitled to enforce it. This presumption
  is conclusive, except as against a person who within  the  twenty  years
  acknowledges  an indebtedness, or makes a payment, of all or part of the
  amount  recovered  by  the   judgment,   or   his   heir   or   personal
  representative,  or  a  person  whom  he  otherwise  represents. Such an
  acknowledgment must be in  writing  and  signed  by  the  person  to  be
  charged.    Property acquired by an enforcement order or by levy upon an
  execution is a payment, unless the person to be charged  shows  that  it
  did  not  include  property claimed by him. If such an acknowledgment or
  payment is made, the judgment is conclusively presumed to  be  paid  and
  satisfied  as  against  any  person after the expiration of twenty years
  after the last acknowledgment or payment made by  him.  The  presumption
  created  by  this subdivision may be availed of under an allegation that
  the action was not commenced within the time limited.
    (c) By state for real property. The state will not sue a person for or
  with respect to real property, or  the  rents  or  profits  thereof,  by
  reason  of the right or title of the state to the same, unless the cause
  of action accrued, or the state, or those  from  whom  it  claims,  have
  received  the  rents  and  profits  of the real property or of some part
  thereof, within twenty years before the commencement of the action.
    (d) By grantee of state for real property.  An  action  shall  not  be
  commenced  for  or with respect to real property by a person claiming by
  virtue of letters patent or a grant from the state, unless it might have
  been maintained by the state, as prescribed  in  this  section,  if  the
  patent or grant had not been issued or made.
    (e)  For  support,  alimony or maintenance. An action or proceeding to
  enforce any temporary order, permanent order or judgment of any court of
  competent jurisdiction which awards  support,  alimony  or  maintenance,
  regardless  of  whether  or  not  arrears  have  been reduced to a money
  judgment, must be commenced within twenty  years  from  the  date  of  a
  default  in  payment. This section shall only apply to orders which have
  been entered subsequent to the date upon which this section shall become
  effective.

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