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Statute of Limitations › Governor Cuomo

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Bond Schoeneck & King PLLC

The COVID Tolling Window for Personal Injury Cases Has Closed

Bond Schoeneck & King PLLC on

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

Weber Gallagher Simpson Stapleton Fires &...

Effects of Former New York Gov. Cuomo’s Executive Orders on Statutes of Limitations

Weber Gallagher Simpson Stapleton Fires &... on

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

Tarter Krinsky & Drogin LLP

New York Tolls Legal Deadlines In Response to COVID-19

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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

Rivkin Radler LLP

Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods

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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

Sheppard Mullin Richter & Hampton LLP

The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era...

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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

Fox Rothschild LLP

N.Y. Amends Law On Recognition Of Foreign Judgments

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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

Sheppard Mullin Richter & Hampton LLP

Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?

Sheppard Mullin Richter & Hampton LLP on

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

BCLP

NY Court of Appeals on the Foreclosure Statute of Limitations

BCLP on

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

Holland & Knight LLP

Are New York Executive Orders a True Tolling of Statute of Limitations or Merely a Grace Period?

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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

Patterson Belknap Webb & Tyler LLP

Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations (Updated)

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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

Patterson Belknap Webb & Tyler LLP

Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations

Patterson Belknap Webb & Tyler LLP on

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

Pillsbury Winthrop Shaw Pittman LLP

New York State Courts Remain Closed to New Non-Essential Actions

Pillsbury Winthrop Shaw Pittman LLP on

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

A&O Shearman

New York State Trial Courts Loosen COVID-19 Emergency Restrictions On Court Filings

A&O Shearman on

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

Hinshaw & Culbertson - Consumer Crossroads

New York Cuts Statute of Limitations for Bringing an Action to Recover Medical Debts From Six to Three Years

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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

Rivkin Radler LLP

Coronavirus and Statutes of Limitations in New York: A Lingering Effect?

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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

Seyfarth Shaw LLP

CVA Update: Important Developments Regarding Extension of One-Year Revival Window

Seyfarth Shaw LLP on

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

Sheppard Mullin Richter & Hampton LLP

The New York State Courts Have Suspended Most Court Filings as of March 22, 2020

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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

Genova Burns LLC

New York State Courts: Update on COVID-19 Impact

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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

Harris Beach PLLC

Orders Issued to Toll Certain New York State Deadlines, Prevent Non-Essential Filings

Harris Beach PLLC on

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

Goodwin

COVID-19 Effects on NY Court Closures, Filings, and Statutes of Limitations

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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

A&O Shearman

New York Issues Important Orders Regarding Court Filings and Limitations Periods In Light of COVID-19 with Potentially...

A&O Shearman on

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

ArentFox Schiff

Governor Cuomo Issues Statute of Limitations Suspension and All Non-Essential Filings Are Curtailed in Response to COVID-19

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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

Patterson Belknap Webb & Tyler LLP

Gov. Cuomo Tolls Procedural Laws Including Statutes of Limitations

Patterson Belknap Webb & Tyler LLP on

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

Proskauer - The Capital Commitment

New York Establishes Six-Year Statute of Limitation for Prosecution of Claims under the Martin Act

Proskauer - The Capital Commitment on

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

Jones Day

New York's Martin Act Restored to Full Strength

Jones Day on

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

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