New York Governor Issues Executive Order Extending Statutes of Limitations, Service, and Other Legal Deadlines in Light of Coronavirus Pandemic

Hodgson Russ Litigation Alert

In response to the Coronavirus pandemic, New York has issued a wide-ranging order suspending statutes of limitation. Yesterday, New York Governor Andrew Cuomo issued Executive Order 202.8, which temporarily suspended statutes of limitations, service, and other legal time periods through April 19, 2020. The Executive Order specifically provides:

In accordance with the directive of the Chief Judge of the State to limit court operations to essential matters during the pendency of the COVID-19 health crisis, 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 the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020.

This toll means that those up against a deadline to initiate an action now have an extension of time to do so through and including April 19, 2020, though that date may be altered by a future executive order.

As an example of timelines not specifically listed but which we believe are covered by this tolling provision are the real property tax assessment challenge timelines under RPTL Article 7 and the timing for filing complaints to the Office of Real Property Tax Services under RPTL § 610.

Note that evictions of commercial or residential tenants and foreclosures of commercial or residential properties remain delayed 90 days as previously ordered.

If you have any questions regarding this alert, please contact a member of the Hodgson Russ Litigation Team (or view our full attorney directory here).         

Hodgson Russ remains on top of these circumstances as they develop. Our attorneys are working remotely, and ready, willing, and able to address the needs of our clients, so do not hesitate to contact us.

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