{"jurisdiction": "us-ny", "code": "cplr", "section": "207", "citation": "CPLR § 207", "heading": "Defendant's absence from state or residence under false name", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/207", "from_official_api": true, "plain_english": "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. ★", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/207", "publisher": "Elyphived LLC"}