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need NY CPLR exptertise here


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CPLR 205 states

If an action is timely commenced and is terminated in any other manner than by a voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff, or, if the plaintiff dies, and the cause of action survives, his or her executor or administrator, may commence a new action upon the same transaction or occurrence or series of transactions or occurrences within six months

how does this statute affect a defendant who has asserted counterclaims in an action. if the counterclaims are dismissed by any other manner than by voluntary discontinuance, a failure to obtain personal jurisdiction over the [plaintiff], a dismissal of the [counterclaims] for neglect to prosecute the action, or a final judgment upon the merits can the counterclaims be brought forth in a new action within 6 months?

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This sounds like it is aimed at the Plaintiff. If someone dies, their heirs can pick up the ball. They would probably just file a new complaint with the estate named as plaintiff. The defendant would probably re-submit the answer and counterclaim with the new case header info. If they don't pick up the ball and the cse goes away, the Defendant would probably have to initiate a separate suit against the estate, but it would have to show some real damages, not the "you hurt my feelings" stuff you find in most counterclaims. The defendant woul be paying for this suit, too. That's my wild guess based on the language in this statute.

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