(a) Cause of action accruing in foreign country. Where a cause of action, whether originally accrued in favor of a resident or non-resident of the state, accrued in a foreign country with which the United States or any of its allies were then or subsequently at war, or territory then or subsequently occupied by the government of such foreign country, the time which elapsed between the commencement of the war, or of such occupation, and the termination of hostilities with such country, or of such occupation, is not a part of the time within which the action must be commenced. This section shall neither apply to nor in any manner affect an action brought pursuant to section six hundred twenty-five of the banking law against a banking organization or against the superintendent of financial services.
§ 209.War.
Article 2. Limitations of Time · Last amended 2022 · Last verified July 21, 2026
In one sentenceTolls limitations periods disrupted by war: for claims accruing in an enemy-occupied country, for New York residents unable to sue an enemy alien, and for non-enemy Americans stranded in enemy territory during the conflict.
Full Text of CPLR 209
(b) Right of noncitizen. Where a person is unable to commence an action in the courts of the state because any party is a noncitizen subject or citizen of a foreign country at war with the United States or any of its allies, whether the cause of action accrued during or prior to the war, the time which elapsed between the commencement of the war and the termination of hostilities with such country is not a part of the time within which the action must be commenced.
(c) Non-enemy in enemy country or enemy-occupied territory. Where a person entitled to commence an action, other than a person entitled to the benefits of subdivision (b), is a resident of, or a sojourner in, a foreign country with which the United States or any of its allies are at war, or territory occupied by the government of such foreign country, the period of such residence or sojourn during which the war continues or the territory is so occupied is not a part of the time within which the action must be commenced.
Plain-English Summary
War can make ordinary litigation impossible, and CPLR 209 accounts for three distinct ways that can happen. Subdivision (a) tolls the clock on a claim that accrued in a foreign country while the United States or an ally was at war with that country, or while that country's forces occupied the relevant territory — the toll runs from the war's or occupation's start to the end of hostilities. Subdivision (b) protects a plaintiff who can't sue in New York because the opposing party is a citizen or subject of a country at war with the United States or an ally; that toll runs for the length of the war, whether the claim accrued before or during it.
Subdivision (c) covers a narrower group: an American who isn't an enemy national but happens to be living in or visiting enemy territory, or territory the enemy occupies, when war breaks out. The clock pauses for as long as that person remains there and the war or occupation continues, since practical access to a New York court during that time is out of the question.
All three provisions descend from wartime-era statutes going back to the two World Wars, later folded into a single, permanent section instead of left as temporary emergency legislation. A carve-out in subdivision (a) keeps this toll from applying to certain claims against banking organizations under the Banking Law, a narrow exception aimed at a specific category of wartime asset-recovery litigation.
Frequently Asked Questions
Does a war toll New York's statute of limitations?
Yes, in specific circumstances. CPLR 209 tolls limitations periods for claims accruing in an enemy-occupied country, for New York residents unable to sue an enemy alien, and for Americans stranded in enemy territory during the war.
Does CPLR 209 apply if I'm a U.S. citizen stranded in enemy territory during a war?
Yes. CPLR 209(c) tolls the limitations period for a non-enemy person residing in or visiting enemy territory for as long as the war or occupation continues.
Is there an exception to CPLR 209 for banking claims?
Yes. Subdivision (a) states that the war toll for claims accruing in a foreign country doesn't apply to certain actions against banking organizations or the state superintendent of financial services under the Banking Law.
Does CPLR 209 protect a New York resident who can't sue an enemy national during wartime?
Yes. CPLR 209(b) tolls the limitations period for the length of the war where a party can't sue because the opposing party is a citizen or subject of a country at war with the United States or an ally.
Do all three subdivisions of CPLR 209 require the same showing?
No. Each addresses a different situation — where the claim accrued, who the opposing party is, and where the plaintiff was located during the war — and each has its own conditions for when the toll starts and ends.
Advisory Committee Notes
This section includes the several war provisions contained in CPA §§ 13, 27, and 28-a which affect the statutes of limitation.
Subd (a), with little language change, is derived from the second sentence of CPA § 13.
Subd (b), with little language change, is derived from CPA § 27. “Unable” has been substituted for “disabled,” with no change in substance intended.
Subd (c) is adapted from CPA § 28-a, which was adopted in 1950 as emergency legislation and remained effective for one year after enactment. Gallewski v H. Hentz & Co. 301 NY 164, 93 NE2d 620 (1950). For consideration of the Gallewski case, related cases and underlying revivor legislation, see Legis, 25 St. John’s L Rev 138 (1950). The provision is incorporated here as a permanent part of the statutes of limitation.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 2011, ch 62, § 104 (Part A), eff Oct 3, 2011; L 2022, ch 669, § 11, effective December 9, 2022.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: statute of limitations tolled during war New Yorksuing an enemy alien statute of limitationswar toll New York civil procedure