If a defendant against whom a cause of action accrues is absent from the state, the statute of limitations is tolled until the defendant returns. If the defendant leaves the state after accrual and remains absent for more than four months, that absence is not counted toward the limitations period. Which statement about tolling when the defendant is absent is correct?

• A. The entire absence is tolled and counted toward the tolling period.
• B. The absence is not part of the limitations period once it exceeds four months.
• C. Tolling continues indefinitely during the absence.
• D. The action is automatically stayed for the duration of the absence.

Answer: (B)

In New York, the clock for a statute of limitations can be tolled when the defendant is outside the state, but only after a threshold. The rule is that if the defendant leaves after accrual and remains absent for more than four months, the time away beyond those four months is not counted toward the limitations period. The first four months of absence count toward the running of the clock, but once the absence exceeds four months, the clock stops accumulating time for the duration of the absence. When the defendant returns, the tolling ends and the clock resumes from where it left off, effectively extending the deadline by the length of the absence beyond four months.

So the correct statement captures that the absence is not part of the limitations period once it exceeds four months. The other options misstate how tolling works: the entire absence isn’t tolled, tolling isn’t indefinite, and there isn’t an automatic stay simply due to the absence.