Defendant's absence from state or residence under false name
§ 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 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.
If the defendant is outside NY when the claim accrues, the clock doesn't start until he enters/returns. If he later leaves and stays continuously absent for 4 months or more, or lives here under a false name, that time doesn't count. ★ Does not apply where (1) there's a valid designated agent for service, (2) a foreign corporation has an officer here to serve, or (3) jurisdiction can be obtained without in-state personal delivery. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.