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This entry was published on 2014-09-22
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SECTION 209
War
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 209. War. (a) Cause of action accruing in foreign country. Where a
cause of action, whether originally accrued in favor of a resident or
non-resident of the state, accrued in a foreign country with which the
United States or any of its allies were then or subsequently at war, or
territory then or subsequently occupied by the government of such
foreign country, the time which elapsed between the commencement of the
war, or of such occupation, and the termination of hostilities with such
country, or of such occupation, is not a part of the time within which
the action must be commenced. This section shall neither apply to nor in
any manner affect an action brought pursuant to section six hundred
twenty-five of the banking law against a banking organization or against
the superintendent of financial services.

(b) Right of alien. Where a person is unable to commence an action in
the courts of the state because any party is an alien subject or citizen
of a foreign country at war with the United States or any of its allies,
whether the cause of action accrued during or prior to the war, the time
which elapsed between the commencement of the war and the termination of
hostilities with such country is not a part of the time within which the
action must be commenced.

(c) Non-enemy in enemy country or enemy-occupied territory. Where a
person entitled to commence an action, other than a person entitled to
the benefits of subdivision (b), is a resident of, or a sojourner in, a
foreign country with which the United States or any of its allies are at
war, or territory occupied by the government of such foreign country,
the period of such residence or sojourn during which the war continues
or the territory is so occupied is not a part of the time within which
the action must be commenced.