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

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What happens to the statute of limitations if a cause of action has accrued under a false name?

It continues to run

It tolls

When a cause of action has accrued under a false name, the statute of limitations does not run as it normally would. Instead, it tolls, which means that the time limit for filing a lawsuit is suspended. This allows the party harmed by the action time to bring their case without being prejudiced by the use of a false name. Tolling can occur in various legal situations, but in this instance, it recognizes that the wronged party may have difficulty knowing who to sue if the defendant is not properly identified. This principle serves to promote fairness in the legal process by preventing defendants from avoiding liability simply by concealing their true identity, particularly in cases where the injured party may not be aware of the true party responsible for their claim until much later.

The other options, such as continuing to run, increasing, or resetting the statute of limitations, do not accurately represent the legal implications of proceeding under a false name, as tolling is specifically designed to protect a plaintiff's right to seek justice in such situations.

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It increases

It resets

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