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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 207: Defendant's absence from state or residence under false name

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Where this section sits in the code
  1. Civil Practice Law & Rules
  2. Article 2. Limitations of Time

§ 207. Defendant's absence from state or residence under false name.

If, when a cause of action accrues against a person, he is without the

state, the time within which the action must be commenced shall be

computed from the time he comes into or returns to the state. If, after

a cause of action has accrued against a person, that person departs from

the state and remains continuously absent therefrom for four months or

more, or that person resides within the state under a false name which

is unknown to the person entitled to commence the action, the time of

his absence or residence within the state under such a false name is not

a part of the time within which the action must be commenced. If an

action is commenced against a person described above, the time within

which service must be made on such person in accordance with

subdivisions (a) and (b) of section three hundred six-b of this chapter

shall be computed in accordance with this section. This section does not

apply:

1. while there is in force a designation, voluntary or involuntary,

made pursuant to law, of a person to whom a summons may be delivered

within the state with the same effect as if served personally within the

state; or

2. while a foreign corporation has one or more officers or other

persons in the state on whom a summons against such corporation may be

served; or

3. while jurisdiction over the person of the defendant can be obtained

without personal delivery of the summons to the defendant within the

state.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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