N.Y. Civil Practice Law & Rules § 205: Termination of action

§ 205. Termination of action. (a) New action by plaintiff. If an

action is timely commenced and is terminated in any other manner than by

a voluntary discontinuance, a failure to obtain personal jurisdiction

over the defendant, a dismissal of the complaint for neglect to

prosecute the action, or a final judgment upon the merits, the

plaintiff, or, if the plaintiff dies, and the cause of action survives,

his or her executor or administrator, may commence a new action upon the

same transaction or occurrence or series of transactions or occurrences

within six months after the termination provided that the new action

would have been timely commenced at the time of commencement of the

prior action and that service upon defendant is effected within such

six-month period. Where a dismissal is one for neglect to prosecute the

action made pursuant to rule thirty-two hundred sixteen of this chapter

or otherwise, the judge shall set forth on the record the specific

conduct constituting the neglect, which conduct shall demonstrate a

general pattern of delay in proceeding with the litigation.

(b) Defense or counterclaim. Where the defendant has served an answer

and the action is terminated in any manner, and a new action upon the

same transaction or occurrence or series of transactions or occurrences

is commenced by the plaintiff or his successor in interest, the

assertion of any cause of action or defense by the defendant in the new

action shall be timely if it was timely asserted in the prior action.

(c) Application. This section also applies to a proceeding brought

under the workers' compensation law but shall not apply to any

proceeding governed by section two hundred five-a of this article.