§ 211 — Actions to be commenced within twenty years

New York § 211

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

Text

§ 211. Actions to be commenced within twenty years. (a) On a bond. An\naction to recover principal or interest upon a written instrument\nevidencing an indebtedness of the state of New York or of any person,\nassociation or public or private corporation, originally sold by the\nissuer after publication of an advertisement for bids for the issue in\nelectronic or physical form and secured only by a pledge of the faith\nand credit of the issuer, regardless of whether a sinking fund is or may\nbe established for its redemption, must be commenced within twenty years\nafter the cause of action accrues. This subdivision does not apply to\nactions upon written instruments evidencing an indebtedness of any\ncorporation, association or person under the jurisdiction of the public\nservice commission, the commissioner of transportation, the interstate\ncommerce commission, the federal communications commission, the civil\naeronautics board, the federal power commission, or any other regulatory\ncommission or board of a state or of the federal government. This\nsubdivision applies to all causes of action, including those barred on\nApril eighteenth, nineteen hundred fifty, by the provisions of the civil\npractice act then effective.\n (b) On a money judgment. A money judgment is presumed to be paid and\nsatisfied after the expiration of twenty years from the time when the\nparty recovering it was first entitled to enforce it. This presumption\nis conclusive, except as against a person who within the twenty years\nacknowledges an indebtedness, or makes a payment, of all or part of the\namount recovered by the judgment, or his heir or personal\nrepresentative, or a person whom he otherwise represents. Such an\nacknowledgment must be in writing and signed by the person to be\ncharged. Property acquired by an enforcement order or by levy upon an\nexecution is a payment, unless the person to be charged shows that it\ndid not include property claimed by him. If such an acknowledgment or\npayment is made, the judgment is conclusively presumed to be paid and\nsatisfied as against any person after the expiration of twenty years\nafter the last acknowledgment or payment made by him. The presumption\ncreated by this subdivision may be availed of under an allegation that\nthe action was not commenced within the time limited.\n (c) By state for real property. The state will not sue a person for or\nwith respect to real property, or the rents or profits thereof, by\nreason of the right or title of the state to the same, unless the cause\nof action accrued, or the state, or those from whom it claims, have\nreceived the rents and profits of the real property or of some part\nthereof, within twenty years before the commencement of the action.\n (d) By grantee of state for real property. An action shall not be\ncommenced for or with respect to real property by a person claiming by\nvirtue of letters patent or a grant from the state, unless it might have\nbeen maintained by the state, as prescribed in this section, if the\npatent or grant had not been issued or made.\n (e) For support, alimony or maintenance. An action or proceeding to\nenforce any temporary order, permanent order or judgment of any court of\ncompetent jurisdiction which awards support, alimony or maintenance,\nregardless of whether or not arrears have been reduced to a money\njudgment, must be commenced within twenty years from the date of a\ndefault in payment. This section shall only apply to orders which have\nbeen entered subsequent to the date upon which this section shall become\neffective.\n