§ 207 — Defendant's absence from state or residence under false name

New York § 207

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

Text

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