New York, N.Y. (May 8, 2020) - On May 7,
2020, Governor Cuomo signed Executive Order 202.28, which continues until
June 6, 2020, the tolling of civil deadlines in response to the
COVID-19 crisis. For civil practitioners in the personal injury
field, this essentially means that all deadlines will continue to
be tolled at least until June 6, 2020.
This newest order extends the suspension of statutory and other
deadlines, including statutes of limitations. In the original
Executive Order (No. 202.08), dated March
20, 2020, the Governor suspended "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 ...
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," until April 19, 2020. That date
was subsequently extended to May 7, 2020, in Executive Order 202.14.
Then on May 7, 2020, the Governor issued Order 202.28, which extends the tolling provisions until June 6, 2020. Although the newest order modifies the prior ones with respect to certain areas such as landlord-tenant, election law, and criminal law, it extends the prior tolling provisions that govern any area of civil law not expressly modified in the newest order, including the suspension of deadlines contained in the Civil Practice Law and Rules.
On June 6, 2020, a new Executive Order will undoubtedly be rendered to either continue, end, or modify these tolling provisions, as the COVID-19 situation continues to evolve in New York.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.