N.Y. Civil Practice Law & Rules Section 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 § 306-B (Service of the summons and complaint, summons with notice, third-party summons and complaint, or petition with a notice of petition or or...)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.

Source: Section 207 — Defendant's absence from state or residence under false name, https://www.­nysenate.­gov/legislation/laws/CVP/207 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

201
Application of article 202
Cause of action accruing without the state 203
Method of computing periods of limitation generally 204
Stay of commencement of action 205
Termination of action 205‑A
Termination of certain actions related to real property 206
Computing periods of limitation in particular actions 207
Defendant’s absence from state or residence under false name 208
Infancy, insanity 209
War 210
Death of claimant or person liable 211
Actions to be commenced within twenty years 212
Actions to be commenced within ten or fifteen years 213
Actions to be commenced within six years: where not otherwise provided for 213‑A
Residential rent overcharge 213‑B
Action by a victim of a criminal offense 213‑C
Action by victim of conduct constituting certain sexual offenses 213‑D
Actions to be commenced within three years 214
Actions to be commenced within three years: for non-payment of money collected on execution 214‑A
Action for medical, dental or podiatric malpractice to be commenced within two years and six months 214‑B
Action to recover damages for personal injury caused by contact with or exposure to phenoxy herbicides 214‑C
Certain actions to be commenced within three years of discovery 214‑D
Limitations on certain actions against licensed engineers and architects 214‑E
Action to recover damages for personal injury caused by the infusion of such blood products which result in the contraction of the human ... 214‑F
Action to recover damages for personal injury caused by contact with or exposure to any substance or combination of substances found with... 214‑G
Certain child sexual abuse cases 214‑H
Certain actions by public water suppliers to recover damages for injury to property 214‑I
Certain actions arising out of consumer credit transactions to be commenced within three years 214‑I*2
Action to recover damages for personal injury caused by contact with or exposure to toxic burn pits 214‑J
Certain sexual offense actions 215
Actions to be commenced within one year: against sheriff, coroner or constable 216
Abbreviation of period to one year after notice 217
Proceeding against body or officer 217‑A
Actions to be commenced within one year and ninety days 218
Transitional provisions
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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 207’s source at nysenate​.gov

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