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This entry was published on 2014-09-22
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SECTION 207
Defendant's absence from state or residence under false name
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 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.