New York State Court Clerk Practice Exam

Question: 1 / 400

What is the standard time frame for a plaintiff to re-file an action after its termination?

6 months

In New York State, if a plaintiff’s action has been terminated, they generally have a six-month period within which to re-file the action. This is stipulated under the applicable statute of limitations and rules regarding the recommencement of actions that have been previously dismissed. The rationale behind this time frame is to provide a reasonable opportunity for the plaintiff to address any issues that led to the termination while still preserving the right to pursue their claim.

A choice of six months reflects the legal balance between the right to pursue justice and the need for finality in litigation. Re-filing within this period ensures that the plaintiff does not unduly delay the resolution of claims and allows the court system to manage its docket efficiently. Other time frames, like one year or more, would not align with the standard practices in New York regarding the recommencement of actions following a dismissal or termination.

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