§ 205-a. Termination of certain actions related to real property. (a)
If an action upon an instrument described under subdivision four of
section two hundred thirteen of this article is timely commenced and is
terminated in any manner other than a voluntary discontinuance, a
failure to obtain personal jurisdiction over the defendant, a dismissal
of the complaint for any form of neglect, including, but not limited to
those specified in subdivision three of section thirty-one hundred
twenty-six, section thirty-two hundred fifteen, rule thirty-two hundred
sixteen and rule thirty-four hundred four of this chapter, for violation
of any court rules or individual part rules, for failure to comply with
any court scheduling orders, or by default due to nonappearance for
conference or at a calendar call, or by failure to timely submit any
order or judgment, or upon a final judgment upon the merits, the
original plaintiff, or, if the original plaintiff dies and the cause of
action survives, his or her executor or administrator, may commence a
new action upon the same transaction or occurrence or series of
transactions or occurrences within six months following the termination,
provided that the new action would have been timely commenced within the
applicable limitations period prescribed by law at the time of the
commencement of the prior action and that service upon the original
defendant is completed within such six-month period. For purposes of
this subdivision:

1. a successor in interest or an assignee of the original plaintiff
shall not be permitted to commence the new action, unless pleading and
proving that such assignee is acting on behalf of the original
plaintiff; and

2. in no event shall the original plaintiff receive more than one
six-month extension.

(b) Where the defendant has served an answer and the action upon an
instrument described under subdivision four of section two hundred
thirteen of this article is terminated in any manner, and a new action
upon the same transaction or occurrence or series of transactions or
occurrences is commenced by the original plaintiff, or a successor in
interest or assignee of the original plaintiff, the assertion of any
cause of action or defense by the defendant in the new action shall be
timely if such cause of action or defense was timely asserted in the
prior action.