Section 212. Actions to be commenced within ten years  


Latest version.
  • (a) Possession
      necessary to recover real property.  An action to recover real  property
      or  its  possession  cannot  be  commenced  unless the plaintiff, or his
      predecessor in interest, was seized or possessed of the premises  within
      ten years before the commencement of the action.
        (b)  Annulment  of  letters patent. Where letters patent or a grant of
      real property, issued or made by the state, are  declared  void  on  the
      ground  of  fraudulent suggestion or concealment, forfeiture, mistake or
      ignorance of a material fact, wrongful detaining or defective title,  an
      action  to  recover  the  premises may be commenced by the state or by a
      subsequent patentee or grantee, or his successor in interest, within ten
      years after the determination is made.
        (c) To redeem from a mortgage. An action to redeem real property  from
      a  mortgage  with  or  without  an  account  of rents and profits may be
      commenced by the mortgagor or his successors in  interest,  against  the
      mortgagee  in  possession,  or  against  the  purchaser of the mortgaged
      premises at a foreclosure sale in an action in which  the  mortgagor  or
      his  successors in interest were not excluded from their interest in the
      mortgaged premises, or against a successor in interest of either, unless
      the mortgagee, purchaser or successor was continuously possessed of  the
      premises  for  ten  years  after  the  breach  or  non-fulfillment  of a
      condition or covenant of the mortgage, or the date of recording  of  the
      deed of the premises to the purchaser.
        (d)  To  recover  under an affidavit of support of an alien. An action
      under section one hundred twenty-two  of  the  social  services  law  to
      recover  amounts  paid to or on behalf of an alien for whom an affidavit
      of  support  pursuant  to  section   213A   of   the   immigration   and
      naturalization act has been signed.