§ 5535. Effect of other actions and proceedings.
(a) Termination of prior matter.--
(1) If a civil action or proceeding is timely commenced and is terminated, a party, or
his successor in interest, may, notwithstanding any other provision of this subchapter,
commence a new action or proceeding upon the same cause of action within one year
after the termination and any other party may interpose any defense or claim which
might have been interposed in the original action or proceeding.
(2) Paragraph (1) does not apply to:
(i) An action to recover damages for injury to the person or for the death of an individual
caused by the wrongful act or neglect or unlawful violence or negligence of another.
(ii) An action or proceeding terminated by a voluntary nonsuit, a discontinuance, a dismissal
for neglect to prosecute the action or proceeding, or a final judgment upon the merits.
(b) Stay of matter.--Where the commencement of a civil action or proceeding has been stayed by a court
or by statutory prohibition, the duration of the stay is not a part of the time within
which the action or proceeding must be commenced.
(c) Arbitration.--Where it shall have been finally determined by a court that a party is not obligated
to submit a claim to arbitration, the time which elapsed between the demand for arbitration
and the final determination by a court that there is no obligation to arbitrate is
not a part of the time within which a civil action or proceeding upon such claim must
be commenced. The time within which the action or proceeding must be commenced shall
not be extended by this subsection beyond one year after such final determination
by a court.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days; Oct. 5, 1980, P.L.693, No.142, eff.
60 days)
1980 Amendment. Act 142 amended subsec. (c).
1978 Amendment. Act 53 amended subsec. (a).
Cross References. Section 5535 is referred to in section 5103 of this title.
Notes of Decisions
Cited in
34
cases (
7 in the last 5 years), 1982–2025 · leading case:
Graziani v. Randolph, 856 A.2d 1212 (Pa. Super. Ct. 2004).
Graziani v. Randolph, 856 A.2d 1212 (Pa. Super. Ct. 2004).
· cites it 6× “While Daniels was decided in 1983, its genesis was well before that date and, importantly, preceded the enactment of 42 Pa.C.S. § 5535, which specifically tolls the statute of limitations where a "civil action or proceeding has been stayed by a court or by statutory prohibition.”
Schneller v. Crozer Chester Med. Ctr., 387 F. App'x 289 (3rd Cir. 2010).
· cites it 2× “3 We also agree that 42 Pa.C.S. § 5535 does not provide a basis for jurisdiction in this case because it specifically excludes actions for damages “for injury to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence…”
Gurfein v. Sovereign Grp., 826 F. Supp. 890 (E.D. Pa. 1993).
· cites it 3× “The centerpiece of A-plaintiffs’ argument is their belief that under the Pennsylvania saving clause, 42 Pa.Cons.Stat.Ann. § 5535 (1981), 13 they had a grace period of one year in which to refile their action following the dismissal of their New York action without prejudice.”
Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986).
· cites it 4× “42 Pa. C. S. §5535(a). Exempted from the benefits of the savings clause are personal injury actions and actions terminated by voluntary nonsuit, discontinuance, final judgment on the merits or dismissal for failure to prosecute the matter.”
Hatfield Twp. v. Lexon Ins. Co., 15 A.3d 547 (Pa. Commw. Ct. 2011).
· cites it 2× “*554 The trial court, however, reasoned that the bankruptcy court's orders staying claims against Developer operated to exclude the period of the stays from the statutory limitation period based upon Section 5535(b) of the Judicial Code, 42 Pa. C.S. § 5535(b). Section 5535(b) of…”
Norex Petroleum Ltd. v. Blavatnik, 16 N.E.3d 561 (NY 2014).
“” Defendants respond that our citation to CPLR 205 in Global Financial was unimportant because “the laws of the foreign jurisdictions referred to under CPLR § 202 (Pennsylvania and *675 Delaware) were virtually identical to CPLR § 205 (a)” (citing Del Code Ann, tit 10, § 8118…”
Storch v. Miller, 585 A.2d 1173 (Pa. Commw. Ct. 1991).
· cites it 3× “Specifically, 42 Pa.C.S. § 5535(c) 3 does not protect the officers’ delay because no court has determined that the officers were not obligated to submit their claims to arbitration.”
— 42 Pa. Cons. Stat. § 5535(2) — 1 case
Schneller v. Crozer Chester Med. Ctr., 387 F. App'x 289 (3rd Cir. 2010).
“3 We also agree that 42 Pa.C.S. § 5535 does not provide a basis for jurisdiction in this case because it specifically excludes actions for damages “for injury to the person or for the death of an individual caused by the wrongful act or neglect or unlawful violence or negligence…”
— 42 Pa. Cons. Stat. § 5535(a) — 5 cases
Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986).
“42 Pa. C. S. §5535(a). Exempted from the benefits of the savings clause are personal injury actions and actions terminated by voluntary nonsuit, discontinuance, final judgment on the merits or dismissal for failure to prosecute the matter.”
— 42 Pa. Cons. Stat. § 5535(a)(1) — 4 cases
— 42 Pa. Cons. Stat. § 5535(a)(2) — 1 case
Huss v. Commonwealth, 512 A.2d 1356 (Pa. Commw. Ct. 1986).
“42 Pa. C. S. §5535(a). Exempted from the benefits of the savings clause are personal injury actions and actions terminated by voluntary nonsuit, discontinuance, final judgment on the merits or dismissal for failure to prosecute the matter.”
— 42 Pa. Cons. Stat. § 5535(a)(2)(h) — 2 cases
— 42 Pa. Cons. Stat. § 5535(a)(2)(ii) — 1 case
— 42 Pa. Cons. Stat. § 5535(b) — 11 cases
Graziani v. Randolph, 856 A.2d 1212 (Pa. Super. Ct. 2004).
“While Daniels was decided in 1983, its genesis was well before that date and, importantly, preceded the enactment of 42 Pa.C.S. § 5535, which specifically tolls the statute of limitations where a "civil action or proceeding has been stayed by a court or by statutory prohibition.”
Hatfield Twp. v. Lexon Ins. Co., 15 A.3d 547 (Pa. Commw. Ct. 2011).
“*554 The trial court, however, reasoned that the bankruptcy court's orders staying claims against Developer operated to exclude the period of the stays from the statutory limitation period based upon Section 5535(b) of the Judicial Code, 42 Pa. C.S. § 5535(b). Section 5535(b) of…”
— 42 Pa. Cons. Stat. § 5535(c) — 2 cases
Storch v. Miller, 585 A.2d 1173 (Pa. Commw. Ct. 1991).
“Specifically, 42 Pa.C.S. § 5535(c) 3 does not protect the officers’ delay because no court has determined that the officers were not obligated to submit their claims to arbitration.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.