§§ 199-201 in the same or any other court of the state, by a public authority, other than the people; and, if necessary or proper, it may vacate any order or [interlocutory] judgment, made or rendered in such an action; and it may, by the same order, or by a subsequent order, granted upon the application of any party to either action, direct that any party to the action so stayed, but brought in, as a party to the action commenced by the people. [Note 1514.] Action in foreign court Limitation of action by people for misappropriation Bar of action for misappropriation or embezzlement § 199. The people of the state may commence and maintain, in their own name, or otherwise, as is allowable, one or more actions, suits, or other judicial proceedings, in any court, or before any tribunal of the United States, or of any other state, or of any territory of the United States, or of any foreign country, for any cause specified in the last section [but one]. [Note 1515.] § 200. The people of the state will not sue for a cause of action founded upon the spoliation or other misappropriation of public property, [specified in this article] unless it accrued within ten years before the action is commenced. [Note 1516.] § 201. [2. To recover damages for a personal injury; an injury to property, including the wrongful taking, detention or conversion of personal property; breach of a promise to marry; misconduct or neglect in office, or in a professional employment; fraud, or deceit; or to recover a chattel where it is alleged in the complaint that the chattel or a part thereof has been concealed, removed or disposed of so that it cannot be found or taken by the sheriff and with intent that it should not be so found or taken, or to deprive the plaintiff of the benefit thereof; or] Where in an action to recover for money received, or to recover property or damages for the conversion or misapplication of property [where] it is alleged in the complaint that the money was received or the property was embezzled or fraudulently misapplied by a public officer or by an attorney, solicitor or counsellor, or by an officer or agent of a corporation or banking association in the course of his employment, or by a factor, agent, broker, or other person in a fiduciary capacity, [Where such allegation is made, the plaintiff cannot recover unless he proves the same on the trial of the action; and] a judgment for the defendant is not a bar to [the] a new action to recover the money or chattel. [Note 1517.] MONEYED CORPORATION, see Real Property Law. MUNICIPAL CORPORATION, see General Municipal Law. MUNICIPAL OFFICER, 822 General Municipal Law. NAME, see Change of Name. NEGLIGENCE, see Personal Injury. NOTICE ARTICLE 21 NON-RESIDENT § 202. Where a cause of action, which does not involve the title to or possession of real property within the state, accrues against a person, who is not then a resident of the state, an action cannot be brought thereon in a court of the state, against him or his personal representative, after the expiration of the time, limited, by the laws of his residence, for bringing a like action, except by a resident of the state, and in one of the following cases: 1. Where the cause of action originally accrued in favor of a resident of the state; 2. Where, before the expiration of the time so limited, the person, in whose favor it originally accrued, was or became a resident of the state; or the cause of action was assigned to, and thereafter continuously owned by a resident of the state. [Note 1518.] 67 §§ 202-205 Action against non resident § 203. Where a defendant, who has not appeared, is a non-resident Levy upon of the state, or a foreign corporation, and the summons was served property of non-resident without the state, or by publication, pursuant to an order obtained or foreign for that purpose, [as prescribed in chapter fifth of this act] the corporation judgment can be enforced only against the property which has been levied upon, by virtue of the [warrant] order of attachment, at the time when the judgment is entered. But this section does not declare the effect of such a judgment, with respect to the application of any statute of limitation. [Note 1519.] ARTICLE 22 § 204. A person who, before the time fixed for the sale, in a notice of the sale of property, to be made by virtue of an execution, willfully takes down or defaces such a notice put up by the sheriff, or by his authority, forfeits fifty dollars to the judgment creditor, and the same sum to the judgment debtor; unless the notice was defaced or taken down, with the consent of the person seeking to enforce the forfeiture or the execution was previously satisfied. [Note 1520.] § 205. An omission by the sheriff to give notice of a sale of real or personal property by virtue of an execution as required by law, or the taking down or defacing of a notice, when put up, does not affect the validity of a sale, made by virtue of an execution, to a purchaser in good faith, without notice of the omission or offence. [Note 1521. §§ 206-209 Action for nuisance Discharge by depositing money into court ARTICLE 23 NUISANCE see also Real Property Law § 206. An action for a nuisance may be maintained in any case, where such an action might have been maintained under the laws in force, immediately before this act takes effect. This [article] section does not affect an action, wherein the complaint demands judgment for a sum of money only. [Note 1522.] OFFICE AND FRANCHISE, see Public Officers Lau ARTICLE 24 PAYMENT INTO COURT § 207. A party bringing money into court, pursuant to the direction of the court, is discharged thereby from all further liability, to the extent of the money so paid in. [Note 1523.] Action by person aggrieved for penalty or forfeiture Action by informer for penalty or forfeiture ARTICLE 25 PENALTY AND FORFEITURE see also Debtor and Creditor Law; Notice § 208. Where a penalty or forfeiture is given, by a statute, to a person aggrieved by the act or omission of another, the person to whom it is given, may, if it is pecuniary, maintain an action to recover the amount thereof; or if it consists of the forfeiture of a chattel he may maintain an action to recover the chattel, or its value, or other damages, as the case requires. An action upon a statute, for a penalty or forfeiture, where the action is given to the person aggrieved, or to that person and the people of the state, must be commenced within three years after the cause of action has accrued, except where the statute imposing it prescribes a different limitation. [Note 1524.] § 209. Where a penalty or forfeiture is given, by a statute, to any person who sues therefor, an action to recover it may be maintained, by any person, in his own name. An action upon a statute for a penalty or forfeiture, given wholly or partly to any person who will prosecute for the same, must be commenced within one year after the commission of the offence. An action to recover a penalty or forfeiture given by statute to any person who sues therefor, cannot be compromised or settled, without the leave of the court or a judge thereof, in which it is brought. [Note 1525.] PENALTY AND FORFEITURE recovery of 69 § 210. In an action to recover a penalty or forfeiture, given by a §§ 210-216 statute, brought by any person, other than the person aggrieved or a public officer, the plaintiff may recover, notwithstanding the Fraud in recovery of a judgment, for or against the defendant, in an action judgment for brought therefor by another person, if he establishes that the former penalty and judgment was recovered collusively and fraudulently. [Note 1526.] forfeiture Action to recover personal prop § 211. Where personal property is forfeited to the people, upon a conviction of outlawry for treason, the attorney-general must bring, and may maintain, an action to recover the same, or the value thereof, or such other action, founded upon the forfeiture, as might be main- for treason tained by a private person, who had acquired title to the property. [Note 1527.] § 212. If [the] an action upon a statute for a penalty or forfeiture, given wholly or partly to any person who will prosecute for the same, is not commenced within [the] one year after the commission of the offence by a private person, it may be commenced within two years thereafter, in behalf of the people of the state, by the attorneygeneral, or the district-attorney of the county where the offence was committed. [Note 1528.] § 213. An action upon a statute, for a forfeiture or penalty to the people of the state must be commenced within two years after the cause of action has accrued. [Note 1529.] § 214. Whenever [] by the decision of the appellate division of the supreme court [,] a construction is given to a statute, an act done, in good faith, and in conformity to that construction, after the decision was made, and before a reversal thereof by the court of appeals, is so far valid, that the party doing it is not liable to any penalty or forfeiture, for an act that was adjudged lawful by the decision of the court below. But this section does not control or affect the decision of the court of appeals, upon an appeal actually taken before the reversal. [Note 1530.] erty forfeited Limi ation of action by penalty or people for forfeiture Limitation of action given to eople for penalty or forfeiture Limitation of action for penalty or forfeiture after con struction of statute § 215. A recovery in [such] an action brought by the attorney- Limitation general or by the district attorney, to recover property forfeited or a penalty incurred bars a recovery, in any other action, brought for the same [Note 1531.] cause. § 216. Where a statute gives a pecuniary penalty or forfeiture, not exceeding a specified sum, an action may be maintained to recover the sum specified; and the court, jury, or referee, by which or by whom the issues of fact are tried, or, where judgment is taken by default for failure to appear or plead, the damages are ascertained, may award to the plaintiff the whole sum, or such a part thereof, as it or he deems proportionate to the offence. [Note 1532.] upon subse- action Damages in action for penalty or forfeiture $$ 217-222 Action by or against people Limitations apply t people Limitation of action for personal injury Limitation of action for personal injury from negligence Limitation of action for libel, etc. ARTICLE 26 PEOPLE § 217. [And] The proceedings in an action by or against the people [therein] are the same as in an action by a private person, except as otherwise specially prescribed. [in this title.] Where judgment is rendered, or a final order is made, against the people, in a civil action brought, or special proceeding instituted, in their name, by a public officer, pursuant to a provision of law, it must be to the same effect, and in the same form, as against a private individual, who brings a like action, or institutes a like special proceeding, except as otherwise specially prescribed by law. [Note 1533.] § 218. The limitations, prescribed in this [title] act apply alike to actions brought in the name of the people of the State, or for their benefit, and to actions by private persons.. [Note 1534.] PERISHABLE GOODS, see Personal Property Law. ARTICLE 27 PERSONAL INJURY § 219. An action to recover damages for a personal injury, must be commenced within six years after the cause of action has accrued, except in a case where a different period is expressly prescribed. [in this chapter.] [Note 1535.] § 220. An action to recover damages for a personal injury, resulting from negligence must be commenced within three years after the cause of action has accrued. [Note 1536.] § 221. An action to recover damages for libel, slander, assault, battery, seduction, criminal conversation, false imprisonment, malicious prosecution or malpractice must be commenced within two years after the cause of action has accrued. [Note 1537.] PERSONAL PROPERTY, see Personal Property Law. PLACES OF PUBLIC ACCOMMODATION AND AMUSEMENT, see Public Accommodation and Amusement. Leave to sue and defend as poor person ARTICLE 28 POOR PERSON § 222. A poor person, whether an adult or infant, not being of ability to sue, who alleges that he has a cause of action against another person, may apply [by petition] to the court in which the action is pending, or in which it is intended to be brought, for leave to prosecute as a poor person, and to have an attorney and counsel |