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New York Civil Practice Law and Rules 205 - Termination Of Action.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 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.
    (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.

Last modified: July 31, 2006