If ∆ was in NY when CoA accrued but left for more than 4 months continuously, how is the SoL tolled?

If ∆ was in NY when CoA accrued but left for more than 4 months continuously, how is the SoL tolled?

• A. Not tolled
• B. Tolled until ∆ returns to NY
• C. Tolled for 6 months
• D. Tolled until action accrues again after return

Answer: (B)

The main idea is tolling based on the defendant’s absence from the state. In New York, if a defendant leaves the state and remains outside for more than four months, the statute of limitations is tolled for the entire period of that absence. When the defendant returns to New York, the tolling ends and the clock resumes counting from where it left off. Since the cause of action accrued while the defendant was in New York and the defendant stayed away for more than four months, the SOL is tolled until the defendant returns to New York.

The main idea is tolling based on the defendant’s absence from the state. In New York, if a defendant leaves the state and remains outside for more than four months, the statute of limitations is tolled for the entire period of that absence. When the defendant returns to New York, the tolling ends and the clock resumes counting from where it left off. Since the cause of action accrued while the defendant was in New York and the defendant stayed away for more than four months, the SOL is tolled until the defendant returns to New York.