N.Y. CPLR § 203

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 203 Method of computing periods of limitation generally § 203. Method of computing periods of limitation generally. (a)Accrual of cause of action and interposition of claim. The time withinwhich an action must be commenced, except as otherwise expresslyprescribed, shall be computed from the time the cause of action accruedto the time the claim is interposed.(b) Claim in complaint where action commenced by service. In an actionwhich is commenced by service, a claim asserted in the complaint isinterposed against the defendant or a co-defendant united in interestwith such defendant when:1. the summons is served upon the defendant; or2. first publication of the summons against the defendant is madepursuant to an order, and publication is subsequently completed; or3. an order for a provisional remedy other than attachment is granted,if, within thirty days thereafter, the summons is served upon thedefendant or first publication of the summons against the defendant ismade pursuant to an order and publication is subsequently completed, or,where the defendant dies within thirty days after the order is grantedand before the summons is served upon the defendant or publication iscompleted, if the summons is served upon the defendant's executor oradministrator within sixty days after letters are issued; for thispurpose seizure of a chattel in an action to recover a chattel is aprovisional remedy; or4. an order of attachment is granted, if the summons is served inaccordance with the provisions of section 6213; or5. the summons is delivered to the sheriff of that county outside thecity of New York or is filed with the clerk of that county within thecity of New York in which the defendant resides, is employed or is doingbusiness, or if none of the foregoing is known to the of New York or is filed with the clerk of that county within thecity of New York in which the defendant resides, is employed or is doingbusiness, or if none of the foregoing is known to the plaintiff afterreasonable inquiry, then of the county in which the defendant is knownto have last resided, been employed or been engaged in business, or inwhich the cause of action arose; or if the defendant is a corporation,of a county in which it may be served or in which the cause of actionarose; provided that:(i) the summons is served upon the defendant within sixty days afterthe period of limitation would have expired but for this provision; or(ii) first publication of the summons against the defendant is madepursuant to an order within sixty days after the period of limitationwould have expired but for this provision and publication issubsequently completed; or(iii) the summons is served upon the defendant's executor oradministrator within sixty days after letters are issued, where thedefendant dies within sixty days after the period of limitation wouldhave expired but for this provision and before the summons is servedupon the defendant or publication is completed.6. in an action to be commenced in a court not of record, the summonsis delivered for service upon the defendant to any officer authorized toserve it in a county, city or town in which the defendant resides, isemployed or is doing business, or if none of the foregoing be known tothe plaintiff after reasonable inquiry, then in a county, city or townin which defendant is known to have last resided, been employed or beenengaged in business, or, where the defendant is a corporation, in acounty, city or town in which it may be served, if the summons is servedupon the defendant within sixty days after the period of limitationwould have expired but for this provision; or, where the defendant dieswithin sixty days after the period o ummons is servedupon the defendant within sixty days after the period of limitationwould have expired but for this provision; or, where the defendant dieswithin sixty days after the period of limitation would have expired butfor this provision and before the summons is served upon the defendant,if the summons is served upon his executor or administrator within sixtydays after letters are issued.(c) Claim in complaint where action commenced by filing. In an actionwhich is commenced by filing, a claim asserted in the complaint isinterposed against the defendant or a co-defendant united in interestwith such defendant when the action is commenced.(d) Defense or counterclaim. A defense or counterclaim is interposedwhen a pleading containing it is served. A defense or counterclaim isnot barred if it was not barred at the time the claims asserted in thecomplaint were interposed, except that if the defense or counterclaimarose from the transactions, occurrences, or series of transactions oroccurrences, upon which a claim asserted in the complaint depends, it isnot barred to the extent of the demand in the complaint notwithstandingthat it was barred at the time the claims asserted in the complaint wereinterposed.(e) Effect upon defense or counterclaim --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only of termination of actionbecause of death or by dismissal or voluntary discontinuance. Where adefendant has served an answer containing a defense or counterclaim andthe action is terminated because of the plaintiff's death or bydismissal or voluntary discontinuance, the time which elapsed betweenthe commencement and termination of the action is not a part of the timewithin which an action must be commenced to recover upon the claim inthe defense or counterclaim or the time within which the defense orcounterclaim may be interposed in anoth art of the timewithin which an action must be commenced to recover upon the claim inthe defense or counterclaim or the time within which the defense orcounterclaim may be interposed in another action brought by theplaintiff or his successor in interest.(f) Claim in amended pleading. A claim asserted in an amended pleadingis deemed to have been interposed at the time the claims in the originalpleading were interposed, unless the original pleading does not givenotice of the transactions, occurrences, or series of transactions oroccurrences, to be proved pursuant to the amended pleading.(g) 1. Time computed from actual or imputed discovery of facts. Exceptas provided in article two of the uniform commercial code or in sectiontwo hundred fourteen-a of this chapter, where the time within which anaction must be commenced is computed from the time when facts werediscovered or from the time when facts could with reasonable diligencehave been discovered, or from either of such times, the action must becommenced within two years after such actual or imputed discovery orwithin the period otherwise provided, computed from the time the causeof action accrued, whichever is longer.2. Notwithstanding paragraph one of this subdivision, in an action orclaim for medical, dental or podiatric malpractice, where the action orclaim is based upon the alleged negligent failure to diagnose cancer ora malignant tumor, whether by act or omission, for the purposes ofsections fifty-e and fifty-i of the general municipal law, section tenof the court of claims act, and the provisions of any other lawpertaining to the commencement of an action or special proceeding, or tothe serving of a notice of claim as a condition precedent tocommencement of an action or special proceeding within a specified timeperiod, the time in which to commence an action or special proceeding orto serve a notice of claim shall not beg dent tocommencement of an action or special proceeding within a specified timeperiod, the time in which to commence an action or special proceeding orto serve a notice of claim shall not begin to run until the later ofeither (i) when the person knows or reasonably should have known of suchalleged negligent act or omission and knows or reasonably should haveknown that such alleged negligent act or omission has caused injury,provided, that such action shall be commenced no later than seven yearsfrom such alleged negligent act or omission, or (ii) the date of thelast treatment where there is continuous treatment for such injury,illness or condition.(h) Claim and action upon certain instruments. Once a cause of actionupon an instrument described in subdivision four of section two hundredthirteen of this article has accrued, no party may, in form or effect,unilaterally waive, postpone, cancel, toll, revive, or reset the accrualthereof, or otherwise purport to effect a unilateral extension of thelimitations period prescribed by law to commence an action and tointerpose the claim, unless expressly prescribed by statute. CPLR § 203 Page 2