§ 205-a. Termination of certain actions related to real property.
(a)\nIf an action upon an instrument described under subdivision four of\nsection two hundred thirteen of this article is timely commenced and is\nterminated in any manner other than a voluntary discontinuance, a\nfailure to obtain personal jurisdiction over the defendant, a dismissal\nof the complaint for any form of neglect, including, but not limited to\nthose specified in subdivision three of section thirty-one hundred\ntwenty-six, section thirty-two hundred fifteen, rule thirty-two hundred\nsixteen and rule thirty-four hundred four of this chapter, for violation\nof any court rules or individual part rules, for failure to comply with\nany court scheduling orders, or by default due to nonappearance for\nconference or a
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§ 205-a. Termination of certain actions related to real property. (a)\nIf an action upon an instrument described under subdivision four of\nsection two hundred thirteen of this article is timely commenced and is\nterminated in any manner other than a voluntary discontinuance, a\nfailure to obtain personal jurisdiction over the defendant, a dismissal\nof the complaint for any form of neglect, including, but not limited to\nthose specified in subdivision three of section thirty-one hundred\ntwenty-six, section thirty-two hundred fifteen, rule thirty-two hundred\nsixteen and rule thirty-four hundred four of this chapter, for violation\nof any court rules or individual part rules, for failure to comply with\nany court scheduling orders, or by default due to nonappearance for\nconference or at a calendar call, or by failure to timely submit any\norder or judgment, or upon a final judgment upon the merits, the\noriginal plaintiff, or, if the original plaintiff dies and the cause of\naction survives, his or her executor or administrator, may commence a\nnew action upon the same transaction or occurrence or series of\ntransactions or occurrences within six months following the termination,\nprovided that the new action would have been timely commenced within the\napplicable limitations period prescribed by law at the time of the\ncommencement of the prior action and that service upon the original\ndefendant is completed within such six-month period. For purposes of\nthis subdivision:\n 1. a successor in interest or an assignee of the original plaintiff\nshall not be permitted to commence the new action, unless pleading and\nproving that such assignee is acting on behalf of the original\nplaintiff; and\n 2. in no event shall the original plaintiff receive more than one\nsix-month extension.\n (b) Where the defendant has served an answer and the action upon an\ninstrument described under subdivision four of section two hundred\nthirteen of this article is terminated in any manner, and a new action\nupon the same transaction or occurrence or series of transactions or\noccurrences is commenced by the original plaintiff, or a successor in\ninterest or assignee of the original plaintiff, the assertion of any\ncause of action or defense by the defendant in the new action shall be\ntimely if such cause of action or defense was timely asserted in the\nprior action.\n