New York State Court Clerk Practice Exam 2025 – The All-in-One Guide to Master Your Court Clerk Certification!

In New York, the statute of limitations can be tolled, or paused, under specific circumstances, one of which occurs when a person leaves the state. This provision is designed to ensure that individuals cannot evade legal action simply by relocating. According to New York law, if a person absents themselves from the state for a period of four months or more after a cause of action has accrued, the statute of limitations is tolled. This means that during that time frame, the clock does not continue to run on the statutory period for filing a claim.

Thus, in situations where a party to a potential lawsuit leaves New York for a duration that meets or exceeds this four-month threshold, the time during their absence is not counted towards the statute of limitations. When they return to the state, they may then continue with their legal action without having the time limit expire while they were gone. Understanding this nuance in the law is essential for navigation within the state’s legal system and helps ensure that parties retain their rights to pursue claims even if they face circumstances that require them to leave the jurisdiction temporarily.