What is New York’s qualified CPLR 205(a) recommencement period?

Use a prior timely action, a qualifying termination, the permitted plaintiff or surviving-claim representative, and the same transaction or occurrence. This calculator accepts events after November 3, 2020 and does not apply any toll.

The new action must have been timely at the prior action’s commencement. Preserve that original period, commencement record and legally established termination event.

Voluntary discontinuance, failure to obtain personal jurisdiction, neglect-to-prosecute dismissal and a final merits judgment are excluded. The statute requires specified neglect findings on the record.

Both commencement and service must occur within the six months. Subsection (c) excludes proceedings governed by the mortgage-specific section 205-a.

1. Use a prior timely action, a qualifying termination, the permitted plaintiff or surviving-claim representative, and the same transaction or occurrence. This calculator accepts events after November 3, 2020 and does not apply any toll.
2. Count the selected calendar-month or calendar-year interval from the independently established event. General Construction Law 20 excludes the event day, sections 30 and 58 govern months and years, and section 25-a permits the next succeeding business day when an authorized statutory act ends on Saturday, Sunday or a public holiday.
3. Check the final statutory holiday and weekend independently.
4. Preserve the actual commencement record and complete required service. Filing and service are separate acts.

For an authorized statutory act, General Construction Law 25-a permits the next succeeding business day if the final day is Saturday, Sunday or a statutory public holiday. Section 24 defines those holidays. Sunday Independence Day in 2027 is observed on Monday July 5. Confirm other actual closures separately.

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

Fictitious example

Use a prior timely action, a qualifying termination, the permitted plaintiff or surviving-claim representative, and the same transaction or occurrence. This calculator accepts events after November 3, 2020 and does not apply any toll. Fictitious established facts. Use a prior timely action, a qualifying termination, the permitted plaintiff or surviving-claim representative, and the same transaction or occurrence. This calculator accepts events after November 3, 2020 and does not apply any toll. The selected event is February 2, 2027. No applicable toll, shorter agreement, alternative branch or additional closure is assumed.

Fictitious established facts. This example applies only to the stated component. The calculator does not determine accrual, reasonable discovery, qualifying treatment, a toll or whether a claim is timely.

Two completed acts

Filing alone is insufficient. Preserve actual defendant service inside the same six-month period.

Surviving-claim representative

The text identifies the plaintiff and the executor or administrator if that plaintiff dies and the cause survives.

Mortgage exclusion

Do not use general section 205 for an action governed by section 205-a.

Historical executive-order toll

The calculators accept selected events after November 3, 2020. They do not apply the 2020 executive-order toll. Brash distinguishes a toll from a suspension. Historical events require separate review and receive no calculated or paid date here. Do not add 228 days to every historical event without testing its actual applicability.

• Preserve the applicable edition and establish the actual statutory facts independently.
• This calculation supplies the disclosed component and does not select every alternative period or apply an unmodeled toll.

• Use a prior timely action, a qualifying termination, the permitted plaintiff or surviving-claim representative, and the same transaction or occurrence. This calculator accepts events after November 3, 2020 and does not apply any toll.
• The new action must have been timely at the prior action’s commencement. Preserve that original period, commencement record and legally established termination event.
• Voluntary discontinuance, failure to obtain personal jurisdiction, neglect-to-prosecute dismissal and a final merits judgment are excluded. The statute requires specified neglect findings on the record.
• Both commencement and service must occur within the six months. Subsection (c) excludes proceedings governed by the mortgage-specific section 205-a.
• Filing alone is insufficient. Preserve actual defendant service inside the same six-month period.
• The text identifies the plaintiff and the executor or administrator if that plaintiff dies and the cause survives.
• Do not use general section 205 for an action governed by section 205-a.
• Preserve the actual commencement record and complete required service. Filing and service are separate acts. CPLR 304 governs commencement by the required initiating filing. In the applicable NYSCEF program, 22 NYCRR 202.5-b(d)(3)(i) uses recorded transmission and the required fee information or permitted later actual payment. Transmission is permitted any day or night. Preserve the actual recorded filing and fee event. Check county, action eligibility and any paper filing hours. Electronic filing of initiating papers does not itself serve the defendant under paragraph (f)(1).