N.Y. CPLR § 212
N.Y. CPLR § 212 - Actions to be commenced within ten or fifteen years (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 212 Actions to be commenced within ten or fifteen years § 212. Actions to be commenced within ten or fifteen years. (a)Possession necessary to recover real property. An action to recover realproperty or its possession cannot be commenced unless the plaintiff, orhis predecessor in interest, was seized or possessed of the premiseswithin ten years before the commencement of the action.(b) Annulment of letters patent. Where letters patent or a grant ofreal property, issued or made by the state, are declared void on theground of fraudulent suggestion or concealment, forfeiture, mistake orignorance of a material fact, wrongful detaining or defective title, anaction to recover the premises may be commenced by the state or by asubsequent patentee or grantee, or his successor in interest, within tenyears after the determination is made.(c) To redeem from a mortgage. An action to redeem real property froma mortgage with or without an account of rents and profits may becommenced by the mortgagor or his successors in interest, against themortgagee in possession, or against the purchaser of the mortgagedpremises at a foreclosure sale in an action in which the mortgagor orhis successors in interest were not excluded from their interest in themortgaged premises, or against a successor in interest of either, unlessthe mortgagee, purchaser or successor was continuously possessed of thepremises for ten years after the breach or non-fulfillment of acondition or covenant of the mortgage, or the date of recording of thedeed of the premises to the purchaser.(d) To recover under an affidavit of support of a noncitizen. Anaction under section one hundred twenty-two of the social services lawto recover amounts paid to or on behalf of a noncitizen for whom anaffidavit of support purs support of a noncitizen. Anaction under section one hundred twenty-two of the social services lawto recover amounts paid to or on behalf of a noncitizen for whom anaffidavit of support pursuant to section 213A of the immigration andnaturalization act has been signed.(e) By a victim of sex trafficking, compelling prostitution, or labortrafficking. An action by a victim of sex trafficking, compellingprostitution, labor trafficking or aggravated labor trafficking, broughtpursuant to subdivision (c) of section four hundred eighty-three-bb ofthe social services law, may be commenced within fifteen years aftersuch victimization occurs provided, however, that such fifteen yearperiod shall not begin to run and shall be tolled during any period inwhich the victim is or remains subject to such conduct.