CPLR 205(a) extends the time to commence an action after the termination of an earlier related action, where both actions involve the same transaction or occurrence or series of transactions or occurrences. However, the six-month grace period provided under CPLR 205(a) is not available where the previous action has been terminated 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 on the merits. A discontinuance effectuated pursuant to either CPLR 3217(a) or (b) constitutes a voluntary discontinuance for purposes of CPLR 205(a).
Castillo v. Suffolk Paving Corp., NY Slip Op 04239 (2d Dep't August 21, 2024)
