State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 211

§  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 a  newspaper  of  general  circulation  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  effective.

State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 211

§  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 a  newspaper  of  general  circulation  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  effective.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cvp > Article-2 > 211

§  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 a  newspaper  of  general  circulation  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  effective.