N.Y. CPLR § 205-A

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 205-A Termination of certain actions related to real property § 205-a. Termination of certain actions related to real property. (a)If an action upon an instrument described under subdivision four ofsection two hundred thirteen of this article is timely commenced and isterminated in any manner other than a voluntary discontinuance, afailure to obtain personal jurisdiction over the defendant, a dismissalof the complaint for any form of neglect, including, but not limited tothose specified in subdivision three of section thirty-one hundredtwenty-six, section thirty-two hundred fifteen, rule thirty-two hundredsixteen and rule thirty-four hundred four of this chapter, for violationof any court rules or individual part rules, for failure to comply withany court scheduling orders, or by default due to nonappearance forconference or at a calendar call, or by failure to timely submit anyorder or judgment, or upon a final judgment upon the merits, theoriginal plaintiff, or, if the original plaintiff dies and the cause ofaction survives, his or her executor or administrator, may commence anew action upon the same transaction or occurrence or series oftransactions or occurrences within six months following the termination,provided that the new action would have been timely commenced within theapplicable limitations period prescribed by law at the time of thecommencement of the prior action and that service upon the originaldefendant is completed within such six-month period. For purposes ofthis subdivision:1. a successor in interest or an assignee of the original plaintiffshall not be permitted to commence the new action, unless pleading andproving that such assignee is acting on behalf of the originalplaintiff; and2. in no event shall the original plaintiff receive more tha e permitted to commence the new action, unless pleading andproving that such assignee is acting on behalf of the originalplaintiff; and2. in no event shall the original plaintiff receive more than onesix-month extension.(b) Where the defendant has served an answer and the action upon aninstrument described under subdivision four of section two hundredthirteen of this article is terminated in any manner, and a new actionupon the same transaction or occurrence or series of transactions oroccurrences is commenced by the original plaintiff, or a successor ininterest or assignee of the original plaintiff, the assertion of anycause of action or defense by the defendant in the new action shall betimely if such cause of action or defense was timely asserted in theprior action.