New York § 301 Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a...

New York Statutes

§ 301 — Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a...

New York § 301

Law SCPSurrogate's Court Procedure

Art. 3Proceedings, Pleadings and Process

This text of New York § 301 (Statute of limitations (a) For the purpose of computing the period of limitation under article two of the civil practice law and rules, a...) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Surrogate's Court Procedure § 301 (2026).

Text

§ 301. Statute of limitations\n  (a) For the purpose of computing the period of limitation under\narticle two of the civil practice law and rules, a proceeding is\ncommenced upon the filing of a petition, provided process is issued and\nservice made upon any respondent within one hundred twenty days after\nthe date of the filing of the petition, except that when process is\nserved by publication, the first publication be made within one hundred\ntwenty days of the filing of the petition.\n  (b) If a proceeding is dismissed for failure to effect proper service,\nthe petitioner may commence a new proceeding, despite the expiration of\nthe statute of limitations after the commencement of the original\nproceeding, based upon the same instrument, transaction or occurrence or\ntransactions or oc

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§ 301. Statute of limitations\n (a) For the purpose of computing the period of limitation under\narticle two of the civil practice law and rules, a proceeding is\ncommenced upon the filing of a petition, provided process is issued and\nservice made upon any respondent within one hundred twenty days after\nthe date of the filing of the petition, except that when process is\nserved by publication, the first publication be made within one hundred\ntwenty days of the filing of the petition.\n (b) If a proceeding is dismissed for failure to effect proper service,\nthe petitioner may commence a new proceeding, despite the expiration of\nthe statute of limitations after the commencement of the original\nproceeding, based upon the same instrument, transaction or occurrence or\ntransactions or occurrences within one hundred twenty days of such\ndismissal provided that service is effected within such one hundred\ntwenty day period.\n