After an action is commenced and terminated other than on the merits, a plaintiff may commence a new action on the same transaction within how many months?

• A. 3 months
• B. 6 months
• C. 12 months
• D. 24 months

Answer: (B)

The rule being tested is that New York provides a six-month window to refile a claim on the same transaction when an action is commenced and terminated for reasons other than on the merits. This is CPLR 205(a). The six-month period runs from the date of termination, and the new action must be on the same transaction or occurrence and the same claim. This allows procedural defects to be corrected without destroying the opportunity to pursue a meritorious claim. If the prior dismissal was on the merits, this option wouldn’t apply.