Legislation
SECTION 212
Actions to be commenced within ten or fifteen years
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 2
§ 212. Actions to be commenced within ten or fifteen years. (a)
Possession necessary to recover real property. An action to recover real
property or its possession cannot be commenced unless the plaintiff, or
his predecessor in interest, was seized or possessed of the premises
within ten years before the commencement of the action.
(b) Annulment of letters patent. Where letters patent or a grant of
real property, issued or made by the state, are declared void on the
ground of fraudulent suggestion or concealment, forfeiture, mistake or
ignorance of a material fact, wrongful detaining or defective title, an
action to recover the premises may be commenced by the state or by a
subsequent patentee or grantee, or his successor in interest, within ten
years after the determination is made.
(c) To redeem from a mortgage. An action to redeem real property from
a mortgage with or without an account of rents and profits may be
commenced by the mortgagor or his successors in interest, against the
mortgagee in possession, or against the purchaser of the mortgaged
premises at a foreclosure sale in an action in which the mortgagor or
his successors in interest were not excluded from their interest in the
mortgaged premises, or against a successor in interest of either, unless
the mortgagee, purchaser or successor was continuously possessed of the
premises for ten years after the breach or non-fulfillment of a
condition or covenant of the mortgage, or the date of recording of the
deed of the premises to the purchaser.
(d) To recover under an affidavit of support of a noncitizen. An
action under section one hundred twenty-two of the social services law
to recover amounts paid to or on behalf of a noncitizen for whom an
affidavit of support pursuant to section 213A of the immigration and
naturalization act has been signed.
(e) By a victim of sex trafficking, compelling prostitution, or labor
trafficking. An action by a victim of sex trafficking, compelling
prostitution, labor trafficking or aggravated labor trafficking, brought
pursuant to subdivision (c) of section four hundred eighty-three-bb of
the social services law, may be commenced within fifteen years after
such victimization occurs provided, however, that such fifteen year
period shall not begin to run and shall be tolled during any period in
which the victim is or remains subject to such conduct.
Possession necessary to recover real property. An action to recover real
property or its possession cannot be commenced unless the plaintiff, or
his predecessor in interest, was seized or possessed of the premises
within ten years before the commencement of the action.
(b) Annulment of letters patent. Where letters patent or a grant of
real property, issued or made by the state, are declared void on the
ground of fraudulent suggestion or concealment, forfeiture, mistake or
ignorance of a material fact, wrongful detaining or defective title, an
action to recover the premises may be commenced by the state or by a
subsequent patentee or grantee, or his successor in interest, within ten
years after the determination is made.
(c) To redeem from a mortgage. An action to redeem real property from
a mortgage with or without an account of rents and profits may be
commenced by the mortgagor or his successors in interest, against the
mortgagee in possession, or against the purchaser of the mortgaged
premises at a foreclosure sale in an action in which the mortgagor or
his successors in interest were not excluded from their interest in the
mortgaged premises, or against a successor in interest of either, unless
the mortgagee, purchaser or successor was continuously possessed of the
premises for ten years after the breach or non-fulfillment of a
condition or covenant of the mortgage, or the date of recording of the
deed of the premises to the purchaser.
(d) To recover under an affidavit of support of a noncitizen. An
action under section one hundred twenty-two of the social services law
to recover amounts paid to or on behalf of a noncitizen for whom an
affidavit of support pursuant to section 213A of the immigration and
naturalization act has been signed.
(e) By a victim of sex trafficking, compelling prostitution, or labor
trafficking. An action by a victim of sex trafficking, compelling
prostitution, labor trafficking or aggravated labor trafficking, brought
pursuant to subdivision (c) of section four hundred eighty-three-bb of
the social services law, may be commenced within fifteen years after
such victimization occurs provided, however, that such fifteen year
period shall not begin to run and shall be tolled during any period in
which the victim is or remains subject to such conduct.