§ 209 — War

New York § 209

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

Text

§ 209. War. (a) Cause of action accruing in foreign country. Where a\ncause of action, whether originally accrued in favor of a resident or\nnon-resident of the state, accrued in a foreign country with which the\nUnited States or any of its allies were then or subsequently at war, or\nterritory then or subsequently occupied by the government of such\nforeign country, the time which elapsed between the commencement of the\nwar, or of such occupation, and the termination of hostilities with such\ncountry, or of such occupation, is not a part of the time within which\nthe action must be commenced. This section shall neither apply to nor in\nany manner affect an action brought pursuant to section six hundred\ntwenty-five of the banking law against a banking organization or against\nthe superintendent of financial services.\n (b) Right of noncitizen. Where a person is unable to commence an\naction in the courts of the state because any party is a noncitizen\nsubject or citizen of a foreign country at war with the United States or\nany of its allies, whether the cause of action accrued during or prior\nto the war, the time which elapsed between the commencement of the war\nand the termination of hostilities with such country is not a part of\nthe time within which the action must be commenced.\n (c) Non-enemy in enemy country or enemy-occupied territory. Where a\nperson entitled to commence an action, other than a person entitled to\nthe benefits of subdivision (b), is a resident of, or a sojourner in, a\nforeign country with which the United States or any of its allies are at\nwar, or territory occupied by the government of such foreign country,\nthe period of such residence or sojourn during which the war continues\nor the territory is so occupied is not a part of the time within which\nthe action must be commenced.\n