NY CPLR § 216 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 2 - Limitations of Time 216 - Abbreviation of Period to One Year After Notice.

§  216. Abbreviation of period to one year after notice. (a) Action to recover money. 1. No action for the recovery of any sum of money due and payable under or on account of a contract,  or  for  any  part  thereof, shall  be  commenced  by any person who has made claim to the sum, after the expiration of one year from the giving  of  notice,  as  hereinafter provided,  to the claimant that an action commenced by another person is pending to recover the sum, or any part thereof, exceeding fifty dollars in amount. This limitation shall not be construed to  enlarge  the  time within  which  the  cause  of  action of the claimant would otherwise be barred.   2. If any person shall make claim for the recovery of any sum of money due and payable under or on account of a contract,  and  an  action  has theretofore been, or shall thereafter be, commenced by another person to recover the sum, or any part thereof, exceeding fifty dollars in amount, the  defendant  in  such action may, within twenty days from the date of service upon him of the complaint or from the date of receipt by him  of the  claim,  whichever  occurs  later, make a motion before the court in which the action is pending for an order  permitting  the  defendant  to give  notice  to  the claimant that the action is pending.  The court in which the action is pending shall grant the order where it appears  that a  person not a party to the action has made claim against the defendant for the sum of money, or any part thereof, exceeding  fifty  dollars  in amount;  that  the  action  was  brought  without  collusion between the defendant and the plaintiff; and that  the  claimant  cannot,  with  due diligence,  be  served  with  process  in  such  a  manner  as to obtain jurisdiction over his person. The order shall provide, among such  other terms  and conditions as justice may require, that notice shall be given to the claimant by sending by registered mail a copy of the summons  and complaint  in  the  action  and  the order and a notice addressed to the claimant at his last known address. In the event  that  registration  of mail  directed  to  any country or part thereof shall be discontinued or suspended, notice to a claimant whose last known address is within  such country  or  part  thereof  shall  be given by ordinary mail, under such terms and conditions as the court may direct. Proof that the notice  has been  mailed  shall be filed within ten days from the date of the order; otherwise the order becomes inoperative. Upon such filing, notice  shall be  deemed  to  have  been given on the tenth day after the date of such order.   3. Upon proof by affidavit or otherwise, to the  satisfaction  of  the court,  that  the conditions of this subdivision have been satisfied and that there is no collusion between the claimant and the  defendant,  the court  shall make an order staying further prosecution of the action for a period not to exceed one year from the date when the notice shall have been given to the claimant. At the time of the granting of such order or at any time thereafter, the court, upon the motion of any party,  shall, as  a condition of the granting of the order or its continuation, impose upon the  defendant  such  terms  as  justice  may  require  as  to  the furnishing  of an undertaking in an amount to be fixed by the court. The stay shall be vacated and the undertaking, if any has been given, may be discharged or modified, as justice may require, upon proof to the  court by  any  party  to  the  action  that the claimant has intervened or has instituted another action in any court of this state to recover the said sum of money, or any part thereof, exceeding fifty dollars.   4. A motion for any relief as prescribed in this subdivision shall  be made on notice to all other parties to the action.   5.  Whenever  claims are made by two or more persons, each claiming to be, to the exclusion of the other, the duly authorized  deputy,  officer or agent to demand, receive, collect, sue for or recover the same sum of  money  due  and  payable  under or on account of a contract, or any part thereof, exceeding fifty dollars in amount, for and  on  behalf  of  the same  person, each person making such a claim shall be deemed an adverse claimant.  Notwithstanding that an action has been commenced in the name of or on behalf of the  person  for  whom  he  claims  to  be  the  duly authorized  deputy,  officer  or agent, any such adverse claimant may be notified of the pendency of an action as provided  in  this  subdivision and  may  intervene in the action and be designated as claiming to be or as the alleged deputy, officer or agent.   6. Whenever an action has been commenced for the recovery of  any  sum of  money exceeding fifty dollars due and payable under or on account of a contract and the records of the defendant show  that  a  person  other than  the plaintiff has the right, exclusive of other deputies, officers or agents of the plaintiff, to demand, sue for and recover the same  sum of money, or any part thereof, exceeding fifty dollars in amount, either in his own name, on his own behalf, or as the authorized deputy, officer or  agent for the plaintiff, and the defendant has received no notice of transfer, revocation, or other change in right or  authority  acceptable to  it,  the  person so appearing on the records shall be deemed to have made an adverse claim to the sum of money  and  may  be  treated  as  an adverse claimant.  (b)  Action  to recover property. When an action has been commenced to recover specific personal property, including  certificates  of  stocks, bonds, notes or other securities or obligations, exceeding fifty dollars in value, held by the defendant within the state, or to enforce a vested or  contingent  interest  or lien upon such property, and a person not a party to the action asserts a claim to the whole or any part of the same property or to a right, interest or lien upon it which is adverse to the plaintiff's claim, and the court in which the action is pending  has  no jurisdiction over the adverse claimant to direct the issuance of process or if the same be issued it would be without effect notwithstanding that the  action  seeks  to  have  declared,  enforced, regulated, defined or limited, rights, interests or  liens  upon  specific  personal  property within  the  state,  the  defendant in the action may within twenty days from the date of service upon him of the complaint or within twenty days of the date of the receipt by him of the adverse claim, whichever  shall occur  later, make a motion before the court for leave to give notice to the adverse claimant of  the  pending  action  in  the  same  manner  as provided  in  subdivision  (a).  Upon the granting of such an order, the provisions of subdivision (a) shall apply insofar as they are compatible with the subject matter of the action.