§ 212 — Actions to be commenced within ten or fifteen years

New York § 212

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

Text

§ 212. Actions to be commenced within ten or fifteen years. (a)\nPossession necessary to recover real property. An action to recover real\nproperty or its possession cannot be commenced unless the plaintiff, or\nhis predecessor in interest, was seized or possessed of the premises\nwithin ten years before the commencement of the action.\n (b) Annulment of letters patent. Where letters patent or a grant of\nreal property, issued or made by the state, are declared void on the\nground of fraudulent suggestion or concealment, forfeiture, mistake or\nignorance of a material fact, wrongful detaining or defective title, an\naction to recover the premises may be commenced by the state or by a\nsubsequent patentee or grantee, or his successor in interest, within ten\nyears after the determination is made.\n (c) To redeem from a mortgage. An action to redeem real property from\na mortgage with or without an account of rents and profits may be\ncommenced by the mortgagor or his successors in interest, against the\nmortgagee in possession, or against the purchaser of the mortgaged\npremises at a foreclosure sale in an action in which the mortgagor or\nhis successors in interest were not excluded from their interest in the\nmortgaged premises, or against a successor in interest of either, unless\nthe mortgagee, purchaser or successor was continuously possessed of the\npremises for ten years after the breach or non-fulfillment of a\ncondition or covenant of the mortgage, or the date of recording of the\ndeed of the premises to the purchaser.\n (d) To recover under an affidavit of support of a noncitizen. An\naction under section one hundred twenty-two of the social services law\nto recover amounts paid to or on behalf of a noncitizen for whom an\naffidavit of support pursuant to section 213A of the immigration and\nnaturalization act has been signed.\n (e) By a victim of sex trafficking, compelling prostitution, or labor\ntrafficking. An action by a victim of sex trafficking, compelling\nprostitution, labor trafficking or aggravated labor trafficking, brought\npursuant to subdivision (c) of section four hundred eighty-three-bb of\nthe social services law, may be commenced within fifteen years after\nsuch victimization occurs provided, however, that such fifteen year\nperiod shall not begin to run and shall be tolled during any period in\nwhich the victim is or remains subject to such conduct.\n