By John A. Risi.
October 2020 – Update
New York Extends the Tolling of Statute of Limitations Until November 3rd…with a Twist
Beginning on March 20, 2020, New York State, by way of gubernatorial executive orders, has tolled the Statute of Limitations for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding. That order has been extended on a monthly basis and has most recently been extended until November 3, 2020 by Executive Order 202.67, dated October 5, 2020. However, the order affirmatively provides that there will be no more extensions after November 3, 2020 for civil cases.
September 2020 – Update
As New York State settles into its “new normal,” Governor Cuomo continues to issue executive orders addressing matters from school openings to procedures for public hearings. His latest Executive Order (EO-260), dated September 4th, 2020, continues the tolling of the Statute of Limitations through October 4th, 2020, with a minor exception lifting the toll relative to the time to challenge the approval by any municipal government or public authority of a construction project that includes either affordable housing or space for use by not-for-profit organizations.
July 2020 – Update
While all regions of New York State are in different phases of the re-opening process, as new COVID-19 cases largely remain at their lowest levels in New York State, Governor Andrew Cuomo continues to take a more cautious approach to re-opening, which can be seen in his most recent Executive Order. The Order (202.48), continues to toll New York’s statute of limitations for the commencement of lawsuits and even the filing of Notices of Claim (a legal pre-requisite to commencing litigation against governmental entities and municipalities) through August 5, 2020.
The governor had initially taken this step on March 20, 2020 and signed subsequent orders continuing the toll, including his most recent order of July 6, 2020. Included in the tolling are any specific time limits relating to notices (such as a Notice of Appeal) and motions. PMT will continue to follow important developments such as this most recent Executive Order and keep our valued partners abreast of all matters of significance to our shared business interests as we appreciate the recent progression of re-opening activities and look forward to a brighter future.
March 2020 – Update
On Friday, March 20, 2020, New York State Governor Andrew Cuomo signed an Executive Order, which, among other things, tolled the statute of limitations for the commencement of lawsuits and even the filing of Notices of Claim (a legal pre-requisite to commencing litigation against governmental entities and municipalities). The tolling period runs from March 20th to April 19th. Given the ever-changing legal landscape as the Coronavirus outbreak has escalated, PMT will continue to follow important developments such as this most recent Executive Order and keep our valued partners abreast of all matters of significance to our shared business interests.