CPLR 209 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 208-A In custody at time of cause of action up ARTICLE 2 Limitations of Time next SECTION 210 Death of claimant or person liable; cause of action accruing after death and before grant of letters Viewing most recent revision (from 2022-12-16) View historical revision as of: -- Choose a Date -- 2022-12-16 2014-09-22 Share Facebook Email SECTION 209 War Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2 § 209. War. (a) Cause of action accruing in foreign country. Where a cause of action, whether originally accrued in favor of a resident or non-resident of the state, accrued in a foreign country with which the United States or any of its allies were then or subsequently at war, or territory then or subsequently occupied by the government of such foreign country, the time which elapsed between the commencement of the war, or of such occupation, and the termination of hostilities with such country, or of such occupation, is not a part of the time within which the action must be commenced. This section shall neither apply to nor in any manner affect an action brought pursuant to section six hundred twenty-five of the banking law against a banking organization or against the superintendent of financial services. (b) Right of noncitizen. Where a person is unable to commence an action in the courts of the state because any party is a noncitizen subject or citizen of a foreign country at war with the United States or any of its allies, whether the cause of action accrued during or prior to the war, the time which elapsed between the commencement of the war and the termination of hostilities with such country is not a part of the time within which the action must be commenced. (c) Non-enemy in enemy country or enemy-occupied territory. Where a person entitled to commence an action, other than a person entitled to the benefits of subdivision (b), is a resident of, or a sojourner in, a foreign country with which the United States or any of its allies are at war, or territory occupied by the government of such foreign country, the period of such residence or sojourn during which the war continues or the territory is so occupied is not a part of the time within which the action must be commenced.