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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

October 9, 2020

COVID 19: NYS Statutes of Limitations Extended Again

On October 4, 2020, NYS Governor Andrew Cuomo issued Executive Order No. 202.67, which extends the temporary tolling of statutes of limitations and other statutory and procedural deadlines in New York State. This is the latest in a series of unprecedented tolling orders issued by Governor Cuomo in response to the COVID-19 pandemic. Specifically, Executive Order No. 202.67 extends prior executive orders tolling any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of New York State, for another 30 days, through November 3, 2020.

Governor Cuomo began tolling statutory and procedural deadlines on March 20, 2020. Since that time, he has issued executive orders approximately every 30 days extending the temporary suspension of limitations periods and deadlines. The following is a list of prior executive orders tolling the statutes of limitations in New York:

  • March 20, 2020: Executive Order 202.8
  • April 17, 2020: Executive Order 202.14
  • May 7, 2020: Executive Order 202.28
  • June 6, 2020: Executive Order 202.38
  • July 6, 2020: Executive Order 202.48
  • August 5, 2020: Executive Order 202.55
  • September 4, 2020: Executive Order 202.60

It is important to note that in Executive Order No. 202.67, Governor Cuomo stated the temporary suspension of procedural deadlines for civil cases will not continue after November 3, 2020. Accordingly, it is expected that this will be the final executive order tolling these deadlines. However, we will continue to monitor for updates.

If you have questions regarding the content in this alert, please contact J. J. Pelligra, associate, at jpelligra@barclaydamon.com, or another member of the firm’s Commercial Litigation Practice Area.

We also have a specific team of Barclay Damon attorneys who are actively working on assessing regulatory, legislative, and other governmental updates related to COVID-19 and who are prepared to assist clients. You can reach our COVID-19 Response Team at COVID-19ResponseTeam@barclaydamon.com.

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