2006 New York Code - Statute Of Limitations

 
  § 301. Statute of limitations
    (a)  For  the  purpose  of  computing  the  period of limitation under
  article two of the  civil  practice  law  and  rules,  a  proceeding  is
  commenced  upon the filing of a petition, provided process is issued and
  service made upon any respondent within one hundred  twenty  days  after
  the  date  of  the  filing  of the petition, except that when process is
  served by publication, the first publication be made within one  hundred
  twenty days of the filing of the petition.
    (b) If a proceeding is dismissed for failure to effect proper service,
  the  petitioner may commence a new proceeding, despite the expiration of
  the statute of  limitations  after  the  commencement  of  the  original
  proceeding, based upon the same instrument, transaction or occurrence or
  transactions  or  occurrences  within  one  hundred  twenty days of such
  dismissal provided that service is  effected  within  such  one  hundred
  twenty day period.