Under tolled SoL for an absent defendant, which statement is correct?

Under tolled SoL for an absent defendant, which statement is correct?

• A. The tolling ends automatically if the defendant is outside the state for any period.
• B. If the defendant was absent from NY when the cause of action accrued, the statute is tolled until the defendant returns to New York.
• C. If the defendant was in NY but left for more than 4 months, the tolling ends when the defendant returns to NY.
• D. An exception states that tolling is never allowed because of absence.

Answer: (B)

The main idea here is how absence from New York affects the statute of limitations. When a cause of action accrues while the defendant is outside the state, New York tolls the statute—the clock stops—until the defendant returns. That ensures the defendant isn’t prejudiced by the delay caused by being out of state. So, the statement that if the defendant was absent from New York when the cause of action accrued, the statute is tolled until the defendant returns to New York, is the correct description of the rule. The tolling ends when the defendant comes back, and the clock resumes from that point. The other options don’t fit this rule: tolling does not end automatically after any period of absence; there’s no separate 4-month rule; and tolling due to absence is allowed, not prohibited.

The main idea here is how absence from New York affects the statute of limitations. When a cause of action accrues while the defendant is outside the state, New York tolls the statute—the clock stops—until the defendant returns. That ensures the defendant isn’t prejudiced by the delay caused by being out of state.

So, the statement that if the defendant was absent from New York when the cause of action accrued, the statute is tolled until the defendant returns to New York, is the correct description of the rule. The tolling ends when the defendant comes back, and the clock resumes from that point.

The other options don’t fit this rule: tolling does not end automatically after any period of absence; there’s no separate 4-month rule; and tolling due to absence is allowed, not prohibited.