Section 209. War  


Latest version.
  • (a) Cause of action accruing in foreign country.  Where a
      cause of action, whether originally accrued in favor of  a  resident  or
      non-resident  of  the state, accrued in a foreign country with which the
      United States or any of its allies were then or subsequently at war,  or
      territory  then  or  subsequently  occupied  by  the  government of such
      foreign country, the time which elapsed between the commencement of  the
      war, or of such occupation, and the termination of hostilities with such
      country,  or  of such occupation, is not a part of the time within which
      the action must be commenced. This section shall neither apply to nor in
      any manner affect an action brought  pursuant  to  section  six  hundred
      twenty-five of the banking law against a banking organization or against
      the superintendent of banks.
        (b)  Right of alien. Where a person is unable to commence an action in
      the courts of the state because any party is an alien subject or citizen
      of a foreign country at war with the United States or any of its allies,
      whether the cause of action accrued during or prior to the war, the time
      which elapsed between the commencement of the war and the termination of
      hostilities with such country is not a part of the time within which the
      action must be commenced.
        (c) Non-enemy in enemy country or enemy-occupied  territory.  Where  a
      person  entitled  to commence an action, other than a person entitled to
      the benefits of subdivision (b), is a resident of, or a sojourner in,  a
      foreign country with which the United States or any of its allies are at
      war,  or  territory  occupied by the government of such foreign country,
      the period of such residence or sojourn during which the  war  continues
      or  the  territory is so occupied is not a part of the time within which
      the action must be commenced.