A plaintiff whose action has been dismissed for a “technical defect”1 can under certain circumstances bring a new action—based on the very same transaction or occurrence or series of transactions or occurrences that formed the basis for the prior action—within six months of the dismissal, even if the applicable statute of limitations would otherwise bar the new action.2 That is thanks to the tolling provision set forth in CPLR 205(a). And in Malay v. City of Syracuse, 25 N.Y.3d 323 (2015), the Court of Appeals held that CPLR 205(a)’s six-month tolling period begins to run when a nondiscretionary appeal is dismissed, not when the order appealed from is entered.
Dramatic events gave rise to Malay. In 2007, the owner of a building in Syracuse shot his wife and took relatives hostage. The police fired gas canisters into the building during the standoff that followed—including into the apartment of the plaintiff, who lived in the building. She got out safely, but she was never allowed to return.
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