In tolling when the defendant is absent from New York when the cause of action accrues, which statement about tolling is correct?

In tolling when the defendant is absent from New York when the cause of action accrues, which statement about tolling is correct?

• A. Tolled until ∆ comes to NY
• B. Not tolled; SOL runs
• C. Tolled for 6 months only
• D. Tolled until ∆ is served with process

Answer: (A)

When a defendant is outside New York when the cause of action accrues, the clock for the statute of limitations is paused because you can’t complete in-state service while they’re away. The tolling continues until the defendant returns to New York, at which point service can be effected and the limitations period resumes. This approach prevents penalizing a plaintiff for the defendant’s absence and ensures the defendant has a realistic opportunity to defend. So the tolling ends when the defendant comes to New York.

When a defendant is outside New York when the cause of action accrues, the clock for the statute of limitations is paused because you can’t complete in-state service while they’re away. The tolling continues until the defendant returns to New York, at which point service can be effected and the limitations period resumes. This approach prevents penalizing a plaintiff for the defendant’s absence and ensures the defendant has a realistic opportunity to defend. So the tolling ends when the defendant comes to New York.