CPLR 202 [borrowing statute] and CPLR 205(a) [savings statute] [Ct. App]

CPLR 202

CPLR 205(a)

note the amicus

 

Norex Petroleum Ltd. v Blavatnik, 2014 NY Slip Op 04802 [2014]

This dramatic and long-running contest over control of a lucrative oil field in Western Siberia reduces at present to an open question of New York civil procedure involving the interplay of CPLR 202, New York's "borrowing" statute, and CPLR 205 (a), New York's "savings" statute. When a cause of action accrues outside New York and the plaintiff is a nonresident, section 202 "borrows" the statute of limitations of the jurisdiction where the claim [*2]arose, if shorter than New York's, to measure the lawsuit's timeliness [FN1]. New York's "savings" statute, section 205 (a), allows a plaintiff to refile claims within six months of a timely prior action's termination for reasons other than the merits or a plaintiff's unwillingness to prosecute the claims in a diligent manner.[FN2]

This appeal calls upon us to decide whether a nonresident plaintiff who filed a timely action in a New York federal court may refile claims arising from the same transaction in state court within six months of the federal action's non-merits termination, even though the suit would be untimely in the out-of-state jurisdiction where the claims accrued. We hold that such a lawsuit is not time-barred, and therefore reverse the Appellate Division.[FN3]

Its a long decision, click the case to read the rest.

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