CPLR § 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.
Practice point: An out-of-state action is not a "prior action" within the meaning of the statute.
Case in point: Deadco Petroleum v. Trafigura AG, NY Slip Op 04887 (1st Dep't June 15, 2017)
Here is the decision.
Tomorrow's issue: Standing to sue a bank for the return of a check.
