Termination of action

§ 205. Termination of action. (a) New action by plaintiff. 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 after the termination provided that the new action
would have been timely commenced at the time of commencement of the
prior action and that service upon defendant is effected within such
six-month period. Where a dismissal is one for neglect to prosecute the
action made pursuant to rule thirty-two hundred sixteen of this chapter
or otherwise, the judge shall set forth on the record the specific
conduct constituting the neglect, which conduct shall demonstrate a
general pattern of delay in proceeding with the litigation.

(b) Defense or counterclaim. Where the defendant has served an answer
and the action is terminated in any manner, and a new action upon the
same transaction or occurrence or series of transactions or occurrences
is commenced by the plaintiff or his successor in interest, the
assertion of any cause of action or defense by the defendant in the new
action shall be timely if it was timely asserted in the prior action.

(c) Application. This section also applies to a proceeding brought
under the workers' compensation law but shall not apply to any
proceeding governed by section two hundred five-a of this article.