2022 New York Laws
CVP - Civil Practice Law and Rules
Article 2 - Limitations of Time
205-A - Termination of Certain Actions Related to Real Property.

§ 205-a. Termination  of certain actions related to real property. (a)
If an action upon an instrument  described  under  subdivision  four  of
section  two hundred thirteen of this article is timely commenced and is
terminated in any  manner  other  than  a  voluntary  discontinuance,  a
failure  to obtain personal jurisdiction over the defendant, a dismissal
of the complaint for any form of neglect, including, but not limited  to
those  specified  in  subdivision  three  of  section thirty-one hundred
twenty-six, section thirty-two hundred fifteen, rule thirty-two  hundred
sixteen and rule thirty-four hundred four of this chapter, for violation
of  any court rules or individual part rules, for failure to comply with
any court scheduling orders, or by  default  due  to  nonappearance  for
conference  or  at  a  calendar call, or by failure to timely submit any
order or judgment, or  upon  a  final  judgment  upon  the  merits,  the
original  plaintiff, or, if the original 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 following the termination,
provided that the new action would have been timely commenced within the
applicable limitations period prescribed by  law  at  the  time  of  the
commencement  of  the  prior  action  and that service upon the original
defendant is completed within such six-month  period.  For  purposes  of
this subdivision:
  1.  a  successor  in interest or an assignee of the original plaintiff
shall not be permitted to commence the new action, unless  pleading  and
proving  that  such  assignee  is  acting  on  behalf  of  the  original
plaintiff; and
  2. in no event shall the original  plaintiff  receive  more  than  one
six-month extension.
  (b)  Where  the  defendant has served an answer and the action upon an
instrument described under  subdivision  four  of  section  two  hundred
thirteen  of  this article 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 original plaintiff, or a successor in
interest or assignee of the original plaintiff,  the  assertion  of  any
cause  of  action or defense by the defendant in the new action shall be
timely if such cause of action or defense was  timely  asserted  in  the
prior action.