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New York Civil Practice Law and Rules 212 - Actions To Be Commenced Within Ten Years.

Legal Research Home > New York Lawyer > Civil Practice Laws and Rules > New York Civil Practice Law and Rules 212 - Actions To Be Commenced Within Ten Years.

    § 212.  Actions  to  be  commenced  within  ten years. (a) Possession
  necessary to recover real property.  An action to recover real  property
  or  its  possession  cannot  be  commenced  unless the plaintiff, or his
  predecessor in interest, was seized or possessed of the premises  within
  ten years before the commencement of the action.
    (b)  Annulment  of  letters patent. Where letters patent or a grant of
  real property, issued or made by the state, are  declared  void  on  the
  ground  of  fraudulent suggestion or concealment, forfeiture, mistake or
  ignorance of a material fact, wrongful detaining or defective title,  an
  action  to  recover  the  premises may be commenced by the state or by a
  subsequent patentee or grantee, or his successor in interest, within ten
  years after the determination is made.
    (c) To redeem from a mortgage. An action to redeem real property  from
  a  mortgage  with  or  without  an  account  of rents and profits may be
  commenced by the mortgagor or his successors in  interest,  against  the
  mortgagee  in  possession,  or  against  the  purchaser of the mortgaged
  premises at a foreclosure sale in an action in which  the  mortgagor  or
  his  successors in interest were not excluded from their interest in the
  mortgaged premises, or against a successor in interest of either, unless
  the mortgagee, purchaser or successor was continuously possessed of  the
  premises  for  ten  years  after  the  breach  or  non-fulfillment  of a
  condition or covenant of the mortgage, or the date of recording  of  the
  deed of the premises to the purchaser.
    (d)  To  recover  under an affidavit of support of an alien. An action
  under section one hundred twenty-two  of  the  social  services  law  to
  recover  amounts  paid to or on behalf of an alien for whom an affidavit
  of  support  pursuant  to  section   213A   of   the   immigration   and
  naturalization act has been signed.

Last modified: July 31, 2006