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This entry was published on 2020-04-17
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Actions to be commenced within twenty years
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 211. Actions to be commenced within twenty years. (a) On a bond. An
action to recover principal or interest upon a written instrument
evidencing an indebtedness of the state of New York or of any person,
association or public or private corporation, originally sold by the
issuer after publication of an advertisement for bids for the issue in
electronic or physical form and secured only by a pledge of the faith
and credit of the issuer, regardless of whether a sinking fund is or may
be established for its redemption, must be commenced within twenty years
after the cause of action accrues. This subdivision does not apply to
actions upon written instruments evidencing an indebtedness of any
corporation, association or person under the jurisdiction of the public
service commission, the commissioner of transportation, the interstate
commerce commission, the federal communications commission, the civil
aeronautics board, the federal power commission, or any other regulatory
commission or board of a state or of the federal government. This
subdivision applies to all causes of action, including those barred on
April eighteenth, nineteen hundred fifty, by the provisions of the civil
practice act then effective.

(b) On a money judgment. A money judgment is presumed to be paid and
satisfied after the expiration of twenty years from the time when the
party recovering it was first entitled to enforce it. This presumption
is conclusive, except as against a person who within the twenty years
acknowledges an indebtedness, or makes a payment, of all or part of the
amount recovered by the judgment, or his heir or personal
representative, or a person whom he otherwise represents. Such an
acknowledgment must be in writing and signed by the person to be
charged. Property acquired by an enforcement order or by levy upon an
execution is a payment, unless the person to be charged shows that it
did not include property claimed by him. If such an acknowledgment or
payment is made, the judgment is conclusively presumed to be paid and
satisfied as against any person after the expiration of twenty years
after the last acknowledgment or payment made by him. The presumption
created by this subdivision may be availed of under an allegation that
the action was not commenced within the time limited.

(c) By state for real property. The state will not sue a person for or
with respect to real property, or the rents or profits thereof, by
reason of the right or title of the state to the same, unless the cause
of action accrued, or the state, or those from whom it claims, have
received the rents and profits of the real property or of some part
thereof, within twenty years before the commencement of the action.

(d) By grantee of state for real property. An action shall not be
commenced for or with respect to real property by a person claiming by
virtue of letters patent or a grant from the state, unless it might have
been maintained by the state, as prescribed in this section, if the
patent or grant had not been issued or made.

(e) For support, alimony or maintenance. An action or proceeding to
enforce any temporary order, permanent order or judgment of any court of
competent jurisdiction which awards support, alimony or maintenance,
regardless of whether or not arrears have been reduced to a money
judgment, must be commenced within twenty years from the date of a
default in payment. This section shall only apply to orders which have
been entered subsequent to the date upon which this section shall become