N.Y. CPLR § 207
N.Y. CPLR § 207 - Defendants Absence from State or Residence Under False Name
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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 207, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.
NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 207 Defendant's absence from state or residence under false name.If, when a cause of action accrues against a person, he is § 207. Defendant's absence from state or residence under false name.If, when a cause of action accrues against a person, he is without thestate, the time within which the action must be commenced shall becomputed from the time he comes into or returns to the state. If, aftera cause of action has accrued against a person, that person departs fromthe state and remains continuously absent therefrom for four months ormore, or that person resides within the state under a false name whichis unknown to the person entitled to commence the action, the time ofhis absence or residence within the state under such a false name is nota part of the time within which the action must be commenced. If anaction is commenced against a person described above, the time withinwhich service must be made on such person in accordance withsubdivisions (a) and (b) of section three hundred six-b of this chaptershall be computed in accordance with this section. This section does notapply:1. while there is in force a designation, voluntary or involuntary,made pursuant to law, of a person to whom a summons may be deliveredwithin the state with the same effect as if served personally within thestate; or2. while a foreign corporation has one or more officers or otherpersons in the state on whom a summons against such corporation may beserved; or3. while jurisdiction over the person of the defendant can be obtainedwithout personal delivery of the summons to the defendant within thestate.