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N.Y. CPLR § 211

N.Y. CPLR § 211 - Actions to be Commenced Within Twenty Years (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 211, 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 § 211 Actions to be commenced within twenty years § 211. Actions to be commenced within twenty years. (a) On a bond. Anaction to recover principal or interest upon a written instrumentevidencing an indebtedness of the state of New York or of any person,association or public or private corporation, originally sold by theissuer after publication of an advertisement for bids for the issue inelectronic or physical form and secured only by a pledge of the faithand credit of the issuer, regardless of whether a sinking fund is or maybe established for its redemption, must be commenced within twenty yearsafter the cause of action accrues. This subdivision does not apply toactions upon written instruments evidencing an indebtedness of anycorporation, association or person under the jurisdiction of the publicservice commission, the commissioner of transportation, the interstatecommerce commission, the federal communications commission, the civilaeronautics board, the federal power commission, or any other regulatorycommission or board of a state or of the federal government. Thissubdivision applies to all causes of action, including those barred onApril eighteenth, nineteen hundred fifty, by the provisions of the civilpractice act then effective.(b) On a money judgment. A money judgment is presumed to be paid andsatisfied after the expiration of twenty years from the time when theparty recovering it was first entitled to enforce it. This presumptionis conclusive, except as against a person who within the twenty yearsacknowledges an indebtedness, or makes a payment, of all or part of theamount recovered by the judgment, or his heir or personalrepresentative, or a person whom he otherwise represents. Such anacknowledgment must be in writing and signed by the person to bec theamount recovered by the judgment, or his heir or personalrepresentative, or a person whom he otherwise represents. Such anacknowledgment must be in writing and signed by the person to becharged. Property acquired by an enforcement order or by levy upon anexecution is a payment, unless the person to be charged shows that itdid not include property claimed by him. If such an acknowledgment orpayment is made, the judgment is conclusively presumed to be paid andsatisfied as against any person after the expiration of twenty yearsafter the last acknowledgment or payment made by him. The presumptioncreated by this subdivision may be availed of under an allegation thatthe action was not commenced within the time limited.(c) By state for real property. The state will not sue a person for orwith respect to real property, or the rents or profits thereof, byreason of the right or title of the state to the same, unless the causeof action accrued, or the state, or those from whom it claims, havereceived the rents and profits of the real property or of some partthereof, within twenty years before the commencement of the action.(d) By grantee of state for real property. An action shall not becommenced for or with respect to real property by a person claiming byvirtue of letters patent or a grant from the state, unless it might havebeen maintained by the state, as prescribed in this section, if thepatent or grant had not been issued or made.(e) For support, alimony or maintenance. An action or proceeding toenforce any temporary order, permanent order or judgment of any court ofcompetent jurisdiction which awards support, alimony or maintenance,regardless of whether or not arrears have been reduced to a moneyjudgment, must be commenced within twenty years from the date of adefault in payment. This section shall only apply to orders which havebeen entered subsequent to the date upon which this neyjudgment, must be commenced within twenty years from the date of adefault in payment. This section shall only apply to orders which havebeen entered subsequent to the date upon which this section shall becomeeffective.