§ 205 — Termination of action

New York § 205

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 2: Limitations of Time

Text

§ 205. Termination of action. (a) New action by plaintiff. If an\naction is timely commenced and is terminated in any other manner than by\na voluntary discontinuance, a failure to obtain personal jurisdiction\nover the defendant, a dismissal of the complaint for neglect to\nprosecute the action, or a final judgment upon the merits, the\nplaintiff, or, if the plaintiff dies, and the cause of action survives,\nhis or her executor or administrator, may commence a new action upon the\nsame transaction or occurrence or series of transactions or occurrences\nwithin six months after the termination provided that the new action\nwould have been timely commenced at the time of commencement of the\nprior action and that service upon defendant is effected within such\nsix-month period. Where a dismissal is one for neglect to prosecute the\naction made pursuant to rule thirty-two hundred sixteen of this chapter\nor otherwise, the judge shall set forth on the record the specific\nconduct constituting the neglect, which conduct shall demonstrate a\ngeneral pattern of delay in proceeding with the litigation.\n (b) Defense or counterclaim. Where the defendant has served an answer\nand the action is terminated in any manner, and a new action upon the\nsame transaction or occurrence or series of transactions or occurrences\nis commenced by the plaintiff or his successor in interest, the\nassertion of any cause of action or defense by the defendant in the new\naction shall be timely if it was timely asserted in the prior action.\n (c) Application. This section also applies to a proceeding brought\nunder the workers' compensation law but shall not apply to any\nproceeding governed by section two hundred five-a of this article.\n