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New York · Through 2026-09-11

N.Y. Civil Practice Law & Rules § 209: War

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

§ 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.

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

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