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 including Executive Order No. 202.67, which extended Executive Order No. 202.8 (collectively, the “Executive Orders”), actually tolled New York statutes of limitation and other litigation deadlines for the period of March 20, 2020 through November 3, 2020, or merely suspended them.  For purposes of determining whether a claim or an appeal was timely filed, the answer to this question can have huge implications.  If the Executive Orders merely accomplished a suspension, then any claim or filing deadline that would have otherwise lapsed during the period of March 20, 2020 through November 3, 2020 would need to have been filed no later than November 4, 2020—the day after the suspension period ended.  On the other hand, if the effect of the Executive Orders was a true tolling of the statutes of limitation and other court deadlines, then any time that remained on the limitations period as of March 20, 2020 would be added back (and start to run again) once the limitations period resumed on November 4, 2020.
Continue Reading The Second Department Weighs in on Tolling vs. Suspension of Statutes of Limitation Pursuant to Governor Cuomo’s COVID-era Executive Orders

COVID-19 has ushered in a new era for litigation in the Commercial Division. Here are the key developments litigants should be aware of.

Remote Appearances and No Paper Copies

In May 2020, e-filing in the Commercial Division resumed in earnest, with a few important differences from the status quo ante:

  1. Most, if not all, appearances in the Commercial Division are proceeding remotely via Microsoft Teams. While the Commercial Division encourages parties to conduct virtual evidentiary hearings and non-jury trials, in-person jury trials will resume on March 22, 2021.
  2. Per Administrative Order AO/267/20, paper copies of motions and other documents in e-filed cases are not required in the Commercial Division until further notice. Several Commercial Division Justices in New York County, including Justice Schecter, Justice Masley, and Justice Ostrager, have updated their individual rules to note that working copies are no longer required.
  3. Foreclosure proceedings and eviction proceedings continue to be subject to restrictions and modified procedures pursuant to various statutes, Executive Orders, and/or Administrative Orders from the Court.

Continue Reading The New Normal? An Update On Commercial Division Operations

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 renewed by further executive order every 30 days until, on October 4, 2020, the Governor issued Executive Order No. 202.67, announcing that the tolling order would be extended for only one more 30-day period—“until November 3, 2020, and after such date [statutes of limitation] will no longer be tolled.”
Continue Reading Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish?

In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging early adjudication on threshold issues, and revising another rule to approve the use of technology-assisted review in discovery.
Continue Reading Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases