N.Y. CPLR § 209
N.Y. CPLR § 209 - War (2024)
- Official Source
- Official source link unavailable
- Freshness
- Verified Currentlast checked
Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 209, 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 § 209 War § 209. War. (a) Cause of action accruing in foreign country. Where acause of action, whether originally accrued in favor of a resident ornon-resident of the state, accrued in a foreign country with which theUnited States or any of its allies were then or subsequently at war, orterritory then or subsequently occupied by the government of suchforeign country, the time which elapsed between the commencement of thewar, or of such occupation, and the termination of hostilities with suchcountry, or of such occupation, is not a part of the time within whichthe action must be commenced. This section shall neither apply to nor inany manner affect an action brought pursuant to section six hundredtwenty-five of the banking law against a banking organization or againstthe superintendent of financial services.(b) Right of noncitizen. Where a person is unable to commence anaction in the courts of the state because any party is a noncitizensubject or citizen of a foreign country at war with the United States orany of its allies, whether the cause of action accrued during or priorto the war, the time which elapsed between the commencement of the warand the termination of hostilities with such country is not a part ofthe time within which the action must be commenced.(c) Non-enemy in enemy country or enemy-occupied territory. Where aperson entitled to commence an action, other than a person entitled tothe benefits of subdivision (b), is a resident of, or a sojourner in, aforeign country with which the United States or any of its allies are atwar, or territory occupied by the government of such foreign country,the period of such residence or sojourn during which the war continuesor the territory is so occupied is not a part of the time within whichthe action must be government of such foreign country,the period of such residence or sojourn during which the war continuesor the territory is so occupied is not a part of the time within whichthe action must be commenced.