omission of a deputy or agent, the time within which an action to recover damages by reason thereof must be commenced by the principal against the deputy or agent must be computed from the time when a judgment against the principal for the act or omission is first recovered by the aggrieved person; and a subsequent reversal or setting aside of the judgment does not extend the time. [Code 407, without change. Included by Board in Civil Rights Law, § 223.]

§ 15. Commencement of action where demand necessary. Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time within which the action must be commenced must be computed from the time when the right to make the demand is complete except in one of the following cases:

1. Where the right grows out of the receipt or detention of money or property by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time when the person having the right to make the demand has actual knowledge of the facts upon which that right depends.

2. Where there was a deposit of money not to be repaid at a fixed time but only upon a special demand, or a delivery of personal property not to be returned specifically or in kind at a fixed time or upon a fixed contingency, the time must be computed from the demand.

[Code § 410, without change. Included by Board in Civil Rights Law, § 18.]

§ 16. When action deemed to be commenced. An action is commenced against a defendant, within the meaning of any provision of this act which limits the time for commencing an action, when the summons is served on him or on a co-defendant who is a joint contractor or otherwise united in interest with him.

[Code 398, without change. Included by Board in Civil Rights Law, 12, but applied only to limitations prescribed by Civil Rights Law.]

§ 17. Attempt to commence action in court of record. An attempt to commence an action in a court of record is equivalent to the commencement thereof against each defendant, within the meaning of each provision of this act which limits the time for commencing an action, when the summons is delivered, with the intent that it shall be actually served, to the sheriff, or, where the sheriff is a party, to a coroner of the county, in which

that defendant, or one of two or more co-defendants who are joint contractors or otherwise united in interest with him, resides or last resided; or, if the defendant is a corporation, to a like officer of the county in which it is established by law or wherein its general business is or was last transacted or wherein it keeps or last kept an office for the transaction of business. But in order to entitle a plaintiff to the benefit of this section, the delivery of the summons to an officer must be followed within sixty days after the expiration of the time limited for the actual commencement of the action by personal service of the summons or by service thereof without the state, upon the defendant sought to be charged, or by the first publication of the summons, as against that defendant, pursuant to an order for service upon him in that manner or by substituted service of the summons on such defendant within the state pursuant to an order.

[Code § 399, broadened to include service without the state under an order for publication and substituted service within the state. Included by Board in Civil Rights Law, § 13, but limited in application to that "act."]

§ 18. Attempt to commence action in court not of record. The last section excluding the provision requiring a publication or service of the summons within sixty days applies to an attempt to commence an action in a court not of record, where the summons is delivered to an officer authorized to serve the same, within the city or town, wherein the person resides or the corporation is located, as specified in that section; provided that actual service thereof is made with due diligence.

[Code § 400, without change. Included by Board in Civil Rights Law, § 14.]

§ 19. Effect of defendant's absence from state or residence under false name. If, when the cause of action accrues against a person, he is without the state, the action may be commenced, within the time limited therefor, after his return into the state. If, after a cause of action has accrued against a person, he departs from the state and remains continuously absent therefrom for the space of one year or more, or if, without the knowledge of the person entitled to maintain the action, he resides within the state under a false name, the time of his absence or of such residence within the state under such false name is not a part of the time limited for the commencement of the action. But this section does not apply while a designation made in pursuance of law of a resident of the state on whom a summons may be served for

another person or corporation [as prescribed in section four hundred and thirty, or in subdivision second of section four hundred and thirty-two, of this act,] remains in force.

[Code § 401, without change of substance. Included by Board in Civil Rights Law, §§ 4-6.]

§ 20. Effect of death of claimant before expiration of limitation. If a person entitled to maintain an action dies before the expiration of the time limited for the commencement thereof, and the cause of action survives, an action may be commenced by his representative after the expiration of that time and within one year after his death.

[Code § 402, without change. Included by Board in Civil Rights Law, § 7.]

§ 21. Effect of death of person liable. The term of eighteen months after the death within this state of a person against whom a cause of action exists, or of a person who shall have died within sixty days after an attempt shall have been made to commence an action against him pursuant to the provisions of [section three hundred and ninety-nine of] this article [act], is not a part of the time limited for the commencement of an action against his executor or administrator. If letters testamentary or letters of administration upon his estate are not issued within this state at least six months before the expiration of the time to bring the action, as extended by the foregoing provision of this section, the term of one year after such letters are issued is not a part of the time limited for the commencement of such an action.

[Code § 403, first two sentences, without change of substance. Included by Board in Decedent Estate Law, § 129f.]

§ 22. Effect of pending action involving decedent's estate. The time during which an action is pending in a court of record between a person or persons and an executor or administrator, wherein the person or persons claim to recover from the executor or administrator any money or other property claimed by said executor or administrator to belong to the estate of the decedent or [is] embraced in the inventory of the assets of said decedent's estate, is not a part of the time limited for the commencement of an action against an executor or administrator, for a claim against the estate of the decedent until the final determination of the action brought to recover said or other property claimed by said executor or administrator to belong to said decedent's estate:

1. Where the claim against the estate of the decedent is liquidated by the recovery of a judgment thereon against an executor or administrator in an action in a court of record [or under section twenty-seven hundred and eighteen of this code,] after trial on the merits or by judicial settlement in surrogate's court.

2. Where a legatee brings an action or institutes a proceeding against an executor or administrator with the will annexed to enforce the payment of a legacy.

[Code § 403, last part, without change of substance. Included by Board in Decedent Estate Law, § 124b.]

§ 23. Effect of reversal of judgment or termination of action. If an action is commenced within the time limited therefor, and a judgment therein is reversed on appeal without awarding a new trial, or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff, or, if he dies and the cause of action survives, his representative, may commence a new action for the same cause after the expiration of the time so limited and within one year after such a reversal or termination.

[Code § 405, without change. Included by Board in Civil Rights Law, § 10.]

§ 24. Effect of stay of commencement of action. Where the commencement of an action has been stayed by injunction or other order of a court or judge or by statutory prohibition, the time of the continuance of the stay is not a part of the time limited for the commencement of the action.

[Code § 406, without change. Included by Board in Civil Rights Law, § 11.]

§ 25. Effect of stay or revocation of arbitration. Where the persons who might be adverse parties in an action have entered into a written agreement to submit to arbitration or to refer the cause of action or a controversy in which it might be available, or have entered into a written submission thereof to arbitrators, and, before an award or other determination thereupon, the agreement or submission is revoked, so as to render it ineffectual, by the death of either party thereto or by the act of the person against whom the action might have been brought, or the execution thereof, or the remedy upon an award or other determination thereunder, is stayed by injunction or other order procured by him from a competent court or judge, the time which

has elapsed between the entering into the written submission or agreement and the revocation thereof or the expiration of the stay is not a part of the time, limited for the commencement of the action.

[Code § 411, without change. Included by Board in Civil Rights Law, § 35.]

§ 26. Effect of discontinuance of action on defense or counterclaim. Where a defendant in an action has interposed an answer, in support of which he would be entitled to rely, at the trial, upon a defense or counterclaim then existing in his favor, the remedy upon which at the time of the commencement of the action, was not barred by the provisions of this article [chapter], and the complaint is dismissed, or the action is discontinued or abates in consequence of the plaintiff's death, the time which intervened between the commencement and the termination of the action is not a part of the time limited for the commencement of an action by the defendant to recover for the cause of action so interposed as a defense, or to interpose the same defense in another action brought by the same plaintiff or a person deriving title from or under him.

[Code § 412, without change. Included by Board in Civil Rights Law, § 20.]

§ 27. Effect of war on right of alien. Where a person is disabled to sue in the courts of the state by reason of either party being an alien subject or citizen of a country at war with the United States, the time of the continuance of the disability is not a part of the time limited for the commencement of the action. [Code § 404, without change. Included by Board in Civil Rights Law, § 32, with erroneous title.]

§ 28. Disability must exist when right accrues. A person cannot avail himself of a disability unless it existed when his right of action or of entry accrued.

[Code § 408, without change. Included by Board in Civil Rights Law, § 16.]

§ 29. If several disabilities, no limitation until all removed. Where two or more disabilities co-exist when the right of action. or of entry accrues, the limitation does not attach until all are removed.

[Code § 409, without change. Included by Board in Civil Rights Law, § 17.]

§ 30. How objection taken, under this article. The objection that the action was not commenced within the time limited