What is the exception to tolling when the absent defendant has a basis for personal jurisdiction?

• A. Tolling continues regardless of the absent defendant
• B. The defendant's absence tolls the SOL until they return to NY
• C. Exception: S/L not tolled if the plaintiff has a basis for personal jurisdiction over the absent defendant
• D. Tolling automatically extends by 2 years

Answer: (C)

The key idea is how tolling works when a defendant is not present to defend themselves. Tolling protects a plaintiff from losing a claim just because the defendant is temporarily out of reach. But there’s an important exception: if the plaintiff has a basis for personal jurisdiction over the absent defendant, the statute of limitations is not tolled.

That means if the court could exercise jurisdiction over the defendant despite their absence (for example via a valid long-arm statute), the claim should be considered timely under the normal limitations period, not paused by tolling. The other options describe perpetual or automatic extensions that don’t fit the rule—the absence isn’t tolled when there’s already a jurisdictional hook over the defendant.