2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 2 - (201 - 218) LIMITATIONS OF TIME
205 - Termination of action.

 
    §  205.  Termination  of  action.  (a)  New action by plaintiff. If an
  action is timely commenced and is terminated in any other manner than by
  a voluntary discontinuance, a failure to  obtain  personal  jurisdiction
  over  the  defendant,  a  dismissal  of  the  complaint  for  neglect to
  prosecute  the  action,  or  a  final  judgment  upon  the  merits,  the
  plaintiff,  or, if the plaintiff dies, and the cause of action survives,
  his or her executor or administrator, may commence a new action upon the
  same transaction or occurrence or series of transactions or  occurrences
  within  six  months  after  the termination provided that the new action
  would have been timely commenced at the  time  of  commencement  of  the
  prior  action  and  that  service upon defendant is effected within such
  six-month period.  Where a dismissal is one for neglect to prosecute the
  action made pursuant to rule thirty-two hundred sixteen of this  chapter
  or  otherwise,  the  judge  shall  set  forth on the record the specific
  conduct constituting the neglect,  which  conduct  shall  demonstrate  a
  general pattern of delay in proceeding with the litigation.
    (b)  Defense or counterclaim. Where the defendant has served an answer
  and the action is terminated in any manner, and a new  action  upon  the
  same  transaction or occurrence or series of transactions or occurrences
  is commenced  by  the  plaintiff  or  his  successor  in  interest,  the
  assertion  of any cause of action or defense by the defendant in the new
  action shall be timely if it was timely asserted in the prior action.
    (c) Application. This section also applies  to  a  proceeding  brought
  under the workers' compensation law.