Court Opinions

State Laws

US Code

US Constitution

New York Civil Practice Law and Rules 207 - Defendant's Absence From State Or Residence Under False Name.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 207 - Defendant's Absence From State Or Residence Under False Name.

    § 207.  Defendant's absence from state or residence under false name.
  If, when a cause of action accrues against a person, he is  without  the
  state,  the  time  within  which  the  action must be commenced shall be
  computed from the time he comes into or returns to the state. If,  after
  a cause of action has accrued against a person, that person departs from
  the  state  and remains continuously absent therefrom for four months or
  more, or that person resides within the state under a false  name  which
  is  unknown  to  the person entitled to commence the action, the time of
  his absence or residence within the state under such a false name is not
  a part of the time within which the action  must  be  commenced.  If  an
  action  is  commenced  against a person described above, the time within
  which  service  must  be  made  on  such  person  in   accordance   with
  subdivisions  (a) and (b) of section three hundred six-b of this chapter
  shall be computed in accordance with this section. This section does not
  apply:
    1. while there is in force a designation,  voluntary  or  involuntary,
  made  pursuant  to  law,  of a person to whom a summons may be delivered
  within the state with the same effect as if served personally within the
  state; or
    2. while a foreign corporation has  one  or  more  officers  or  other
  persons  in  the state on whom a summons against such corporation may be
  served; or
    3. while jurisdiction over the person of the defendant can be obtained
  without personal delivery of the summons to  the  defendant  within  the
  state.

Last modified: July 31, 2006