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We have reached the end of the COVID tolling window for personal injury cases. Any personal injury complaints that accrued during the 228-day tolling period from March 20, 2020, through Nov. 3, 2020, that have not yet been...more
On March 7, 2020, then Governor Andrew A. Cuomo issued Executive Order No. 202, declaring a disaster emergency for the entire State of New York due to COVID-19. On March 20, 2020, Executive Order No. 202.8 was issued, which...more
One of the many lasting impacts of the COVID-19 pandemic is the lengthy tolling of statutes of limitations and legal deadlines. On March 20, 2020, Governor Cuomo issued Executive Order No. 202.8 to extend deadlines “for the...more
In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We...more
In “Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?”, we examined the debate surrounding whether Governor Cuomo’s Executive Order No. 202.8 and subsequent orders up to and...more
Governor Andrew Cuomo signed into law on June 14 legislation that amended Article 53 of the New York Civil Practice Law and Rules (“CPLR”), changing the rules regarding the state’s recognition of foreign money judgments...more
Statutes of limitation were “tolled” in New York by Executive Order No. 202.8, issued by Governor Andrew M. Cuomo on March 20, 2020 in response to the COVID-19 pandemic. Over the next six-and-a-half months, that toll was...more
The New York Court of Appeals’ decision last week, Freedom Mortgage Corp v. Engel, contains two “reliable and objective rules permitting consistent application of the statute of limitations.” What are those rules? ...more
Every state requires a lawsuit to be filed within a given time — i.e., before the statute of limitations expires. In New York, a breach of contract action must be filed within six years of the alleged "breach." For example,...more
On June 6, 2020, New York Governor Andrew Cuomo issued Executive Order 202.38, which, among other things, extends the tolling period contained Executive Order 202.8 until July 6, 2020....more
On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which, among other things, “continue[d] the suspension and modifications of laws, and any directive, not superseded by a subsequent directive, made...more
Even as the New York courts begin allowing filings in pending non-essential cases, New York statutes of limitation remain tolled, and the state courts are still not accepting new case filings. (Updated May 8 with revised...more
On April 30, 2020, the Chief Administrative Judge of the New York State Courts issued a Memorandum lifting some of the prior restrictions put in place concerning court filings and other activities in New York State trial...more
On April 3, 2020, New York State Governor Andrew Cuomo signed New York's 2021 Executive Budget into law. Many of Governor Cuomo's and lawmakers' legislative agenda priorities were not included in the budget, due to the...more
We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented....more
An article published yesterday by the New York Law Journal (available here) provides good reason to believe that the one-year Child Victim Act (“CVA”) revival window, which allows victims of child sex abuse of all ages to...more
On Sunday, March 22, 2020, pursuant to Administrative Order AO/78/20 of Chief Administrative Judge Lawrence Marks, the New York Unified Court System took the drastic step of suspending all filings (both paper and e-filing) in...more
The State of New York has issued multiple Executive Orders and Administrative Orders impacting the operations of state courts during the COVID-19 outbreak. Executive Order 202.8 - As part of his continuing efforts to...more
By Executive Order, New York courts have tolled the time in which claims must be commenced and suspended deadlines pertaining to pending claims. These steps are taken in the interest of curtailing all but a narrow class of...more
In response to the continuing outbreak of COVID-19 in New York and across the nation, access to courthouses and courts’ availability to accept filings have been limited. This client alert summarizes the impact of...more
As New York State and City continue to grapple with the COVID-19 pandemic, affecting all aspects of life and work including the legal system, two orders issued over the weekend have significantly increased the effect on...more
What Does This Mean For Legal Proceedings in New York State? On March 20, 2020, New York Governor Andrew Cuomo issued Executive Order No. 202.8, modifying all existing New York State statute of limitations laws. Gov. Cuomo...more
On March 20, 2020, in order to limit court operations in light of the evolving COVID-19 emergency, Governor Cuomo issued Executive Order 202.8. ...more
On August 25, 2019, New York Governor Andrew Cuomo signed New York State Senate Bill S6536 which established a six-year statute of limitations for the prosecution of certain crimes related to fraudulent practices in respect...more
This week New York legislatively circumvented one of the few judicial constraints on New York's Martin Act and Executive Law, restoring a six-year statute of limitations for claims under these broad statutes. On August 25,...more