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are not issued within the state, at least six months before the expiration of the time to bring the action, as extended by the foregoing provision of this section, the term of one year after such letters are issued, is not a part of the time limited for the commencement of such an action. The time during which an action is pending in a court of record between a person or persons and an executor or administrator, wherein the person or persons claim to recover from the executor or administrator any money or other property claimed by said executor or administrator to belong to the estate of the decedent, or is embraced in the inventory of the assets of said decedent's estate, is not a part of the time limited for the commencement of an action against an executor or administrator, for a claim against the estate of the decedent until the final determination of the action brought to recover said or other property, claimed by said executor or administrator to belong to said decedent's estate:

1. Where the claim against the estate of the decedent is liquidated by the recovery of a judgment thereon against an executor or administrator in an action in a court of record or under section twenty-seven hundred and eighteen of this code, after trial on the merits.

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2. Where a legatee brings an action, or institutes a proceeding, against an executor or administrator with the will annexed, to enforce the payment of a legacy. Code Civ. Pro., § 403, as am'd L. 1879, c. 542; L. 1891, c. 70, and L. 1896, c. 897. 16 Barb. 34; 45 id. 517; 62 N. Y. 553; 107 id. 104, 108; 140 id. 409; 141 id. 409; 136 id. 412, aff'g 49 N. Y. St. R. 325; 24 Hun, 130; 49 id. 442, 444; 71 id. 320; 72 id. 529; 64 id. 394; 73 id. 430; 2 Dem 29, 32; 3 id. 301, 305; 7 Civ. Pro. 276; 15 Abb. N. C. 192; 19 Civ. Pro. 91; 11 Misc. 224; 46 N. Y. St. R. 779; 55 id. 6, 793; 57 id. 574; 66 id. 555; 69 id. 639; 58 id. 526; 49 id. 814; 53 id. 508; 3 N. Y. Supp. 59, 112, 559, 594; 17 id. 552. 43 Disability in case of war, etc. Where a person is disabled to sue in the courts of the state, by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action. Civ. Pro., § 404.

39 N. Y. St. R. 231; 23 How. Pr. 397.

Code

44 New action, after termination of action commenced within time limited. If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal, without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits; the plaintiff, or, if he dies, and the cause of action survives, his representative may commence a new action for the same cause, after the expiration of the time so limited, and within one year after such a reversal or termination. Code Civ. Pro., § 405.

17 Civ. Pro. 155, 156; 53 Hun, 194, 197; 52 id. 384; 60 id. 1; 81 id. 207; 119 N. Y. 344, 391; 145 id. 414; 71 id. 471; 38 N. Y. St. R. 630; 55 id. 121; 65 id. 348; 24 Abb. N. C. 62; 5 N. Y. Supp. 473; 10 id. 222; 13 id. 540; 14 id. 678; 17 id. 625.

45 Provision where commencement of action has been stayed by court, etc. Where the commencement of an action has been stayed by injunction, or other order of a court or judge, or by statutory prohibition, the time of the continuance of the stay is not a part of the time, limited for the commencement of the action. Code Civ. Pro., § 406.

25 Hun, 616; 47 id. 541; 49 id. 443; 63 id. 118; 64 id. 394; 65 id. 72; 73 id. 430; 81 id. 207; 46 id. 423; 95 N. Y. 31, 34; 104 id. 186, 191; 122 id. 222; 71 id. 471, aff'g 6 Daly, 528; 72 N. Y. 499, aff'g 9 Hun, 522; 3 Dem. 555; 4 id. 100; 22 Civ. Pro. 362; 11 Misc. 224; 24 Abb. N. C. 62; 30 N. Y. St. R. 740; 33 id. 283; 43 id. 370, 517; 46 id. 779; 47 id. 353; 56 id. 32; 62 id. 739; 66 id. 557; 3 N. Y. Supp. 59, 112, 559; 10 id. 16; 17 id. 625; 19 id. 623, 731; 26 id. 734.

46 Certain actions by principal against agent. Where an injury results from the act or omission of a deputy or agent, the time, within which an action to recover damages by reason thereof, must be commenced by the principal, against the deputy or agent, must be computed from the time, when a judgment against the

principal, for the act or omission, is first recovered by the aggrieved person; and a subsequent reversal or setting aside of the judgment does not extend the time. Code Civ. Pro., § 407.

47 Disability must exist when right accrues. A person cannot avail himself of a disability unless it existed when his right of action or of entry accrued. Code Civ. Pro., § 408.

7 Cow. 74; 107 N. Y. 70; 82 Hun, 98; 63 N. Y. St. R. 607. 48 Rule where several disabilities co-exist.

Where two or more disabilities co

exist, when the right of action or of entry accrues, the limitation does not attach, until all are removed. Code Civ. Pro., § 409.

5 Cow. 74, 75.

49 Rule where demand is necessary to maintain action. Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time, within which the action must be commenced, must be computed from the time, when the right to make the demand is complete; except in one of the following

cases:

4 Sandf. 590; 75 N. Y. 579; 92 id. 584, 589; 104 id. 186, 192; 120 id. 244; 127 id. 61; 128 id. 364; 140 id. 150; 141 id. 211; 16 W. D. 110, 346; 9 Daly, 279, 283; 5 Dem. 334; 22 Abb. N. C. 483, 484; 60 Hun, 215; 28 id. 254; 29 id. 54, 57; 62 id. 185; 64 id. 398; 30 N. Y. St. R. 281, 650; 35 id. 858; 37 id. 331, 850; 40 id. 93; 41 id. 217; 44 id. 262; 56 id. 821; 57 id. 184, 575.

1. Where the right grows out of the receipt or detention of money or property, by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time, when the person, having the right to make the demand, has actual knowledge of the facts, upon which that right depends.

4 Redf. 380; 13 Abb. N. C. 413, 419; 47 Hun, 539, 541; 48 id. 97, 102; 30 id. 537; 46 id. 594, 597; 74 id. 625; 83 id. 160; 109 N. Y. 224; 1 Misc. 418; 38 N. Y. St. R. 589; 49 id. 454; 55 id. 260; 57 id. 640; 5 App. Div. 71.

2. Where there was a deposit of money, not to be repaid at a fixed time, but only upon a special demand, or a delivery of personal property, not to be returned, specifically or in kind, at a fixed time or upon a fixed contingency, the time must be computed from the demand. Code Civ. Pro., § 410.

4 E. D. Smith, 490; 12 Barb. 298; 42 id. 174, 176; 6 Hill, 297; 2 Hun, 126; 50 id. 575; 64 id. 398; 63 id. 473; 61 id. 8; 62 id. 353; 66 id. 136; 15 Abb. Pr. N. S. 177; 99 N. Y. 491, 495; s. c. 16 Abb. N. C. 449, 452; 118 N. Y. 682; 125 id. 520; 128 N. Y. rev'g 60 Hun, 215; 115 N. Y. 80; 133 id. 1; 135 id. 366; 119 id. 156; 127 id. 350; 21 Civ. Pro. 1; 22 id. 371; 2 Misc. 340; 6 id. 444; 31 N. Y. St. R. 52, 976; 33 id. 756; 38 id. 194, 587; 50 id. 617; 55 id. 260; 53 id. 741; 47 id. 77; 34 id. 774; 32 id. 1105; 57 id. 573; 12 id. 144; 22 id. 886; 45 id. 431; 36 id. 704; 49 id. 267; 52 id. 782; 4 App. Div. 237, 240; 3 N. Y. Supp. 59, 559; 4 id. 97, 211, 919; 5 id. 269; 6 id. 565; 7 id. 477; 9 id. 457, 786; 10 id. 527; 11 id. 479; 14 id. 546, 891; 16 id. 491; 19 id. 890; 20 id. 841; 21 id. 965; 26 id. 606, 766; 28 id. 77; 18 id. 672; 24 id. 182, 615.

50 Rule where agreement for arbitration has been revoked, etc. Where the persons, who might be adverse parties in an action, have entered into a written agreement to submit to arbitration, or to refer the cause of action, or a controversy in which it might be available, or have entered into a written submission thereof to arbitrators; and before an award, or other determination thereupon, the agreement or submission is revoked, so as to render it ineffectual, by the death of either party thereto, or by the act of the person against whom the action might have been brought; or the execution thereof, or the remedy upon an award or other determination thereunder, is stayed by injunction, or other order procured by him from a competent court or judge; the time which has elapsed, between the entering into the written submission or agreement, and the revocation thereof, or the expiration of the stay, is not a part of the time, limited for the commencement of the action. Code Civ. Pro., § 411.

51

Where

Limitation of right set up by answer, if action is discontinued, etc. a defendant in an action has interposed an answer, in support of which he would be entitled to rely, at the trial, upon a defence or counterclaim then existing in

his favor, the remedy upon which, at the time of the commencement of the action, was not barred by the provisions of this chapter;* and the complaint is dismissed, or the action is discontinued, or abates in consequence of the plaintiff's death; the time which intervened, between the commencement and the termination of the action, is not a part of the time, limited for the commencement of an action by the defendant, to recover for the cause of action so interposed as a defence, or to interpose the same defence in another action brought by the same plaintiff, or a person deriving title from or under him. Code Civ. Pro., 412.

18 Civ. Pro. 360; 31 N. Y. St. R. 20; 4 N. Y. Supp. 97, 241; 5 id. 97; 9 id. 663.

52 Limitations must be pleaded. The objection, that the action was not commenced within the time limited, can be taken only by answer. The corresponding objection to a defence or counterclaim can be taken only by reply; except where a reply is not required, in order to enable the plaintiff to raise an issue of fact, upon an allegation contained in the answer. Code Civ. Pro., § 413. 12 Abb. N. C. 224; 24 Barb. 150, 153; 36 id. 628; s. c. 23 How. Pr. 140; 14 Abb. Pr. N. S. 9; 15 id. 11; 24 Hun, 458; 27 id. 162, 166; 29 id. 344, 346, 362, 367; 52 id. 325; 60 id. 337; 59 id. 127; 76 id. 444; 18 Civ. Pro. 360; 3 id. 182; 19 id. 14, 210; 30 N. Y. St. R. 534, 31 id. 20; 33 id. 344; 38 id. 878; 14 id. 158; 44 id. 14; 54 N. Y. 416; 63 id. 438; 102 id. 720; 139 id. 461; 136 id. 187; 84 id. 157; 107 id. 303; 111 id. 204; 13 W. D. 206; 16 Daly, 479; 1 App. Div. 326; 5 N. Y. Supp. 489; 7 id. 478; 9 id. 199, 663; 10 id. 400; 11 id. 369; 14 id. 826; 19 id. 614, 907; 25 id. 1003; 16 id. 744.

53 When foregoing rules do not apply. The provisions of this chapter* apply, and constitute the only rules of limitation applicable, to a civil action or special proceeding, except in one of the following cases:

48 N. Y. Super. 333; 13 Abb. N. C. 413, 417, 420; 7 Civ. Pro. 241, 347; 17 id. 68, 73; 21 W. D. 314; 99 N. Y. 193; 101 id. 564, 574; 119 id. 344, 133 id. 512; 144 id. 512; 145 id. 414; 30 N. Y. St. R. 1010; 31 id. 482; 33 id. 1025; 35 id. 858; 37 id. 331; 43 id. 88; 39 Hun, 399; 5 Dem. 333.

1. A case, where a different limitation is specially prescribed by law, or a shorter limitation is prescribed by the written contract of the parties.

72 N. Y. 548; 72 id. 499, aff'g 9 Hun, 522; 15 W. D. 360, 361; 12 Abb. N. C. 156, 273, 275; s. c. 3 Civ. Pro. 180; 49 N. Y. Super. 526; 44 Hun, 397; 50 id. 322, 323; 53 id. 194, 197; 119 N. Y. 344; 32 N. Y. St. R. 686; 33 id. 344.

2. A cause of action or a defence which accrued before the first day of July, eighteen hundred and forty-eight. The statutes then in force govern, with respect to such a cause of action or defence.

49 Hun, 38; 14 Civ. Pro. 425; 7 id. 324.

3. A case, not included in the last subdivision, in which a person is entitled, when this act takes effect, to commence an action, or to institute a special proceeding, or to take any proceeding therein, or to pursue a remedy upon a judgment, where he commences, institutes, or otherwise resorts to the same, before the expiration of two years after this act takes effect; in either of which cases, the provisions of law applicable thereto, immediately before this act takes effect, continue to be so applicable, notwithstanding the repeal thereof.

81 N. Y. 148; 101 id. 563; 128 id. 295, 364; 135 id. 154; 18 W. D. 173; 16 id. 346; 19 id. 125; 33 Hun, 532; 30 id. 537; 83 id. 548; 32 id. 265, 266; s. c. 5 Civ. Pro. 278; 7 Civ. Pro. 347; 19 id. 391, 578; 19 N. Y. Supp. 578; 13 id. 908; 5 Misc. 484; 65 N. Y. St. R. 46; 60 How. Pr. 74; 55 id. 114.

4. A case, where the time to commence an action has expired, when this act takes effect.

82 N. Y. 142; 48 N. Y. Super. 44; 47 Hun, 52; 70 id. 61; 77 id. 23; 53 N. Y. St. R. 511; 59 id. 423.

The word "action," contained in this chapter,* is to be construed, when it is necessary so to do, as including a special proceeding, or any proceeding therein, or in an action. Code Civ. Pro., § 414.

4 Dem. 100; 22 Abb. N. C. 482. 484; 23 id. 479; 118 N. Y. 682; 125 id. 200, 520; 128 id. 295; 18 Civ. Pro. 354; 19 id. 7, 210; 20 id. 81; 57 Hun, 567; 49 id. 441; 31 id. 617; 9 Misc.

*This subject, §§ 1-54.

228; 31 N. Y. St. R. 19; 34 id. 737; 37 id. 579; 41 id. 217; 61 id. 298; 64 id. 44; 65 id. 43, 349; 1 N. Y. Supp. 556; 5 id. 269; 6 id. 564; 7 id. 477; 8 id. 8; 9 id. 457; 10 id. 399, 493; 11 id. 70, 368; 15 id. 535; 16 id. 392, 490; 23 id. 1104; 28 id. 239; 37 id. 1129; 26 id. 734. 54 Periods of limitation, how computed. The periods of limitation, prescribed by this chapter,* except as otherwise specially prescribed therein, must be computed from the time of the accruing of the right to relief by action, special proceeding, defence, or otherwise, as the case requires, to the time when the claim to that relief is actually interposed by the party, as a plaintiff or a defendant, in the particular action or special proceeding. Code Civ. Pro., § 415.

9 W. D. 275; 10 id. 148; 19 Hun, 246; 70 id. 61; 63 id. 134; 74 id. 625; 8 Civ. Pro. 141; 11 id. 42; 7 id. 277; 20 id. 81; 10 Daly, 313; 15 Abb. N. C. 193; 4 Dem. 99; 5 Misc. 484; 31 N. Y. St. R. 482, 975; 34 id. 737; 43 id. 88; 53 id. 511, 843; 26 id. 861; 46 id. 839; 40 id. 655; 49 id. 452; 7 id. 840; 57 id. 182; 23 id. 604; 56 id. 820; 45 id. 355; 22 id. 260, 580; 33 id. 232; 85 N. Y. 383; 99 id. 185; 107 id. 303; 142 id. 316; 125 id. 203; 89 id. 334; 79 id. 404; 124 id. 25; 120 id. 244; 111 id. 204; 96 id. 284; 109 id. 73, 215; 59 id. 533; 36 id. 255; 99 id. 324; 115 id. 80; 141 id. 211; 41 id. 581; 55 id. 672; 82 id. 400; 103 id. 1, 533, 672; 122 id. 102; 125 id. 200; 128 id. 132; 104 id. 562; 105 id. 503; 134 id. 76, 568; 112 id. 146; 109 id. 311; 118 id. 124; 10 N. Y. Supp. 494; 23 id. 1104, 1107; 24 id. 347; 19 id. 455; 20 id. 203; 5 App. Div. 198-201.

Of the Time of Commencing Criminal Actions.

55 Prosecution for murder. There is no limitation of time within which a prosecution for murder must be commenced. It may be commenced at any time after the death of the person killed. Code Crim. Pro., § 141.

56 Indictment for felony or misdemeanor. An indictment for a felony, other than murder, must be found within five years after its commission, except where a less time is prescribed by statute. And an indictment for a misdemeanor must be found within two years after its commission. Code Crim. Pro., § 142, as am'd L. 1887, c. 412.

1 Den. 524; 2 N. Y. Cr. R. 328, 333; 7 id. 350; 46 Hun, 358, 362; 10 N. Y. Supp. 252. 57 Absence of defendant from state. If when the crime is committed the defendant be without the state, the indictment may be found within the term herein limited after his coming within the state; and no time during which the defendant is not an inhabitant of or usually resident within the state or usually in personal attendance upon business or employment within the state is part of the limitation. Code Crim. Pro., § 143, as am'd L. 1895, c. 552.

2 N. Y. Cr. R. 328, 334.

58 Indictment, when deemed to be found.

An indictment is found, within the

meaning of the last three sections, when it is duly presented by the grand jury in open court, and there received and filed. Code Crim. Pro., § 144.

OF ACTIONS:

TO ANNUL MARRIAGE FOR INCAPACITY; see Divorce, § 11.

AGAINST BANKRUPT; see Bankruptcy.

ON BOND OR UNDERTAKING; see Distress, § 18; Shipping, § 12.

FOR CAUSING DEATH BY NEGLIGENCE; see Death, Action for Causing, § 1.

FOR DAMAGES CAUSED BY RIOT; see Municipal Law, § 21.

AGAINST DECEDENT'S ESTATE; see Executors, etc., §§ 9, 94, 118; Trusts, etc., § 32. FOR DIVORCE; see Divorce, § 17.

FOR DOWER; see Dower, § 20.

OF EJECTMENT; see Dower, § 29; Treason, § 8.

EXTENSION OF, BY COURT OR JUDGE, FORBIDDEN; see Time, § 5.

AGAINST HEIRS AND DEVISEES; see Legatees, etc., § 8.

FOR MECHANICS' LIENS; see Mechanics' Liens, § 13; Railroad Law, § 30.

AGAINST MEMBERS OF UNINCORPORATED ASSOCIATION; see Joint-stock Association Law, 17.

FOR MONEY LOST AT PLAY; see Betting, etc., § 7.

AGAINST MUNICIPAL CORPORATIONS; see Municipal Law, § 34; Villages, § 84.

AGAINST OFFICERS OF MUNICIPAL CORPORATIONS; see Municipal Law, § 38.

FOR PENALTY FOR CIRCULATING BANK NOTES NOT PAYABLE IN LAWFUL MONEY; see Banking Law, § 90.

BY PEOPLE; see Actions, § 67.

FOR PROCEEDS OF SALE OF UNCLAIMED LUMBER; see Timber, § 6.

*This subject, §§ 1-54.

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AGAINST RECEIVER; see Stock Corporation Law, § 5.

AGAINST RAILROAD COMPANY, FOR REFUSAL TO ISSUE MILEAGE TICKETS; see Railroad Law, § 37a.

TO RECOVER TAXES IMPROPERLY PAID; see Tax Law, §§ 108, 132.

FOR RECOVERY OF USURIOUS INTEREST PAID; see Banking Law, § 55; Interest, §§ 3, 4. AGAINST SAVINGS BANKS BY DEPOSITORS; see Banking Law, § 115.

AGAINST SHERIFF FOR DAMAGES FOR REPLEVIED CHATTEL; see Chattels, § 22. AGAINST STOCKHOLDERS; see Railroad Law, § 180; Stock Corporation Law, § 55. BY TAXPAYERS, TO PREVENT WASTE OF PUBLIC FUNDS; see Tax Law, § 264a. AGAINST TOWNS FOR DEFECTIVE HIGHWAYS OR BRIDGES; see Highway Law, § 18. TO SET ASIDE TRUSTS FOR PUBLIC PURPOSES; see Trusts, etc., § 14.

AGAINST TURNPIKE AND PLANK ROAD COMPANIES; see Transportation Corporations Law, § 145.

FOR WRONGFUL SEIZURE OF ANIMALS; see Justices' Courts, § 243.

OF CRIMINAL PROSECUTIONS:

AGAINST CORPORATIONS; see Corporations, § 57.

FOR FALSE PERSONATION; see False Personation, § 2.

FOR SEDUCTION; see Seduction, § 2.

FOR VIOLATIONS OF FACTORY ACTS; see Children, § 37.

OF TIME:

FOR APPLICATION FOR EXAMINATION OF DELINQUENT TAXPAYER; see Tax Law, § 259. FOR ORDER CONFIRMING AWARD; see Arbitrations, § 9.

TO REFUND TAX; see Tax Law, §§ 108, 225.

FOR CERTIORARI; see Certiorari, §§ 7, 8.

ON CLAIM FOR DAMAGES UNDER ACT RELATING TO FLOATING TIMBER; see Timber, § 13.

FOR PROCEEDS OF SALE OF UNCLAIMED BAGGAGE, ETC.; see Freight, etc., § 8; Inns, etc., 5; Railroad Law, § 46.

FOR PROCEEDS OF SALE OF UNCLAIMED LUMBER; see Timber, § 7.

FOR RELIEF OF DRAFTED MEN, ETC.; see Military Code, § 312.

AGAINST STATE; see Constitution, § 100.

FOR ENTRY OF JUDGMENT AFTER CONFESSION; see Judgment, etc., § 74.

FOR EXAMINATION OF JUDGMENT DEBTOR; see Supplementary Proceedings, § 4.

TO ISSUE EXECUTION; see Executions, §§ 14, 19, 21; Justices' Courts, § 168; Legatees, etc., § 22.

OF LIENS; see Executions, § 19; Horses, § 29; Judgment, etc., §§ 51, 52; Mechanics' Liens, §§ 4, 26, 36, 54; Railroad Law, § 177.

FOR MOTION TO SET ASIDE FINAL JUDGMENT; see Judgment, etc., §§ 81, 89, 90; Real Property Law, §§ 332-335.

FOR PETITION FOR DISPOSITION OF DECEDENT'S REAL ESTATE; see Executors, etc., SS 113, 114.

FOR PETITION FOR REVOCATION OF PROBATE OF WILL; see Wills, § 71.

FOR PETITION TO SET ASIDE PROBATE OF HEIRSHIP; see Heirs, § 5.

FOR PRESENTATION OF CLAIMS TO EXECUTORS, ETC.; see Legatées, etc., § 1.

NEW PROMISE AFTER DISCHARGE in BankRUPTCY; see Bankruptcy.

ROADS LAID OUT AND NOT OPENED OR WORKED FOR SIX YEARS; see Highway Law, § 99. ROADS USED FOR TWENTY YEARS; see Highway Law, § 100.

TITLE OF PURCHASER FROM HEIR OR DEVISEE, WHEN NOT AFFECTED BY SUBSEQUENT PROBATE, ETC.; see Executors, etc., § 140; Wills, § 51.

LIMITATIONS OF ESTATES; see Real Property Law.

See also Bar; Time.

Note.

LIMITED LIABILITY COMPANIES.

These corporations were formerly chartered under L. 1875, c. 611, which chapter was in large part followed in forming the Business Corporations Law. See Birdseye's R. S., 1st ed., p. 375 et seq. For the present provisions see Business Corporations Law. LIMITED PARTNERSHIP.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 53.

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For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 57.
LINEAL AND COLLATERAL WARRANTIES.

ABOLISHED; see Real Property Law, § 217.

LINEN.

MANUFACTURING COMPANIES, EXEMPTION OF EMPLOYEES FROM JURY DUTY; see Trials, § 52.

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