2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 2 - (201 - 218) LIMITATIONS OF TIME
203 - Method of computing periods of limitation generally.

 
    §  203.  Method  of  computing  periods  of  limitation generally. (a)
  Accrual of cause of action and interposition of claim. The  time  within
  which  an  action  must  be  commenced,  except  as  otherwise expressly
  prescribed, shall be computed from the time the cause of action  accrued
  to the time the claim is interposed.
    (b) Claim in complaint where action commenced by service. In an action
  which  is  commenced  by  service,  a claim asserted in the complaint is
  interposed against the defendant or a co-defendant  united  in  interest
  with such defendant when:
    1. the summons is served upon the defendant; or
    2.  first  publication  of  the  summons against the defendant is made
  pursuant to an order, and publication is subsequently completed; or
    3. an order for a provisional remedy other than attachment is granted,
  if, within thirty days  thereafter,  the  summons  is  served  upon  the
  defendant  or  first publication of the summons against the defendant is
  made pursuant to an order and publication is subsequently completed, or,
  where the defendant dies within thirty days after the order  is  granted
  and  before  the  summons is served upon the defendant or publication is
  completed, if the summons is served upon  the  defendant's  executor  or
  administrator  within  sixty  days  after  letters  are issued; for this
  purpose seizure of a chattel in an action to  recover  a  chattel  is  a
  provisional remedy; or
    4.  an  order  of  attachment  is granted, if the summons is served in
  accordance with the provisions of section 6213; or
    5. the summons is delivered to the sheriff of that county outside  the
  city  of  New  York or is filed with the clerk of that county within the
  city of New York in which the defendant resides, is employed or is doing
  business, or if none of the foregoing is known to  the  plaintiff  after
  reasonable  inquiry,  then of the county in which the defendant is known
  to have last resided, been employed or been engaged in business,  or  in
  which  the  cause of action arose; or if the defendant is a corporation,
  of a county in which it may be served or in which the  cause  of  action
  arose; provided that:
    (i)  the  summons is served upon the defendant within sixty days after
  the period of limitation would have expired but for this provision; or
    (ii) first publication of the summons against the  defendant  is  made
  pursuant  to  an  order within sixty days after the period of limitation
  would  have  expired  but  for  this  provision   and   publication   is
  subsequently completed; or
    (iii)   the  summons  is  served  upon  the  defendant's  executor  or
  administrator within sixty days after  letters  are  issued,  where  the
  defendant  dies  within  sixty days after the period of limitation would
  have expired but for this provision and before  the  summons  is  served
  upon the defendant or publication is completed.
    6.  in an action to be commenced in a court not of record, the summons
  is delivered for service upon the defendant to any officer authorized to
  serve it in a county, city or town in which the  defendant  resides,  is
  employed  or  is doing business, or if none of the foregoing be known to
  the plaintiff after reasonable inquiry, then in a county, city  or  town
  in  which defendant is known to have last resided, been employed or been
  engaged in business, or, where the defendant  is  a  corporation,  in  a
  county, city or town in which it may be served, if the summons is served
  upon  the  defendant  within  sixty  days after the period of limitation
  would have expired but for this provision; or, where the defendant  dies
  within  sixty days after the period of limitation would have expired but
  for this provision and before the summons is served upon the  defendant,
  if the summons is served upon his executor or administrator within sixty
  days after letters are issued.

    (c)  Claim in complaint where action commenced by filing. In an action
  which is commenced by filing, a  claim  asserted  in  the  complaint  is
  interposed  against  the  defendant or a co-defendant united in interest
  with such defendant when the action is commenced.
    (d)  Defense  or counterclaim. A defense or counterclaim is interposed
  when a pleading containing it is served. A defense  or  counterclaim  is
  not  barred  if it was not barred at the time the claims asserted in the
  complaint were interposed, except that if the  defense  or  counterclaim
  arose  from  the transactions, occurrences, or series of transactions or
  occurrences, upon which a claim asserted in the complaint depends, it is
  not barred to the extent of the demand in the complaint  notwithstanding
  that it was barred at the time the claims asserted in the complaint were
  interposed.
    (e)  Effect  upon  defense  or  counterclaim  of termination of action
  because of death or by dismissal or voluntary  discontinuance.  Where  a
  defendant  has served an answer containing a defense or counterclaim and
  the action  is  terminated  because  of  the  plaintiff's  death  or  by
  dismissal  or  voluntary  discontinuance, the time which elapsed between
  the commencement and termination of the action is not a part of the time
  within which an action must be commenced to recover upon  the  claim  in
  the  defense  or  counterclaim  or  the time within which the defense or
  counterclaim  may  be  interposed  in  another  action  brought  by  the
  plaintiff or his successor in interest.
    (f) Claim in amended pleading. A claim asserted in an amended pleading
  is deemed to have been interposed at the time the claims in the original
  pleading  were  interposed,  unless  the original pleading does not give
  notice of the transactions, occurrences, or series  of  transactions  or
  occurrences, to be proved pursuant to the amended pleading.
    (g) Time computed from actual or imputed discovery of facts. Except as
  provided in article two of the uniform commercial code or in section two
  hundred  fourteen-a  of  this  chapter,  where  the time within which an
  action must be commenced is computed  from  the  time  when  facts  were
  discovered  or  from the time when facts could with reasonable diligence
  have been discovered, or from either of such times, the action  must  be
  commenced  within  two  years  after such actual or imputed discovery or
  within the period otherwise provided, computed from the time  the  cause
  of action accrued, whichever is longer.