If an action is initiated but not concluded by a final judgment, how long does a plaintiff have to commence a new action?

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The correct answer is based on the principle of "tolling" which occurs when a legal action has been initiated but not resolved with a final judgment. Under the applicable civil practice rules, if a plaintiff initiates an action and that action is dismissed or terminated without a final judgment, the plaintiff generally has a period of six months to commence a new action for the same cause of action. This provision is meant to preserve the plaintiff's right to seek remedies without being unduly penalized by procedural dismissals or other interruptions.

This six-month period allows plaintiffs to refile their claims without needing to worry about the expiration of the statute of limitations that would typically apply to the original claim. By providing this extension, the law aims to ensure that cases can be brought to resolution despite the procedural hiccups of the initial filing.

The other timeframes presented do not align with the established legal norms for tolling periods in this context, making the six-month period the optimal choice for starting a new action after the termination of the previous one without a final judgment.

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