N.Y. CPLR § 205

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 205 Termination of action § 205. Termination of action. (a) New action by plaintiff. If anaction is timely commenced and is terminated in any other manner than bya voluntary discontinuance, a failure to obtain personal jurisdictionover the defendant, a dismissal of the complaint for neglect toprosecute the action, or a final judgment upon the merits, theplaintiff, or, if the plaintiff dies, and the cause of action survives,his or her executor or administrator, may commence a new action upon thesame transaction or occurrence or series of transactions or occurrenceswithin six months after the termination provided that the new actionwould have been timely commenced at the time of commencement of theprior action and that service upon defendant is effected within suchsix-month period. Where a dismissal is one for neglect to prosecute theaction made pursuant to rule thirty-two hundred sixteen of this chapteror otherwise, the judge shall set forth on the record the specificconduct constituting the neglect, which conduct shall demonstrate ageneral pattern of delay in proceeding with the litigation.(b) Defense or counterclaim. Where the defendant has served an answerand the action is terminated in any manner, and a new action upon thesame transaction or occurrence or series of transactions or occurrencesis commenced by the plaintiff or his successor in interest, theassertion of any cause of action or defense by the defendant in the newaction shall be timely if it was timely asserted in the prior action.(c) Application. This section also applies to a proceeding broughtunder the workers' compensation law but shall not apply to anyproceeding governed by section two hundred five-a of this article.