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COVID-19: NY Tolls Statute of Limitations Deadline to File Lawsuits

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Peter J. Gregory
Apr 8, 2020
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In response to the coronavirus COVID-19 pandemic, New York Governor Andrew Cuomo recently signed an Executive Order tolling the statute of limitations for all civil claims, including personal injury lawsuits until April 19, 2020. The statute of limitations is a deadline of a legal claim, prescribing the last day on which a lawsuit may be filed based on an incident.  If that date is missed, it may be impossible to pursue the claims in court.

Specifically the Execute Order states:

I hereby temporarily suspend or modify, for the period from the date of this Executive Order through April 19, 2020 the following:

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;

UPDATE: Gov. Cuomo signed a subsequent Executive Order, which includes extending the provisions tolling the Statute of Limitations again until August 5, 2020. 

It is important for all injured claimants to consult with a personal injury attorney early to investigate the incident and review the status of a potential statute of limitations filing deadline.  For assistance with these matters, please contact a member of our personal injury practice.

This publication is intended as an information source for clients, prospective clients, and colleagues and constitutes attorney advertising. The content should not be considered legal advice and readers should not act upon information in this publication without individualized professional counsel.

About MCCM

McConville Considine Cooman & Morin, P.C. is a full-service law firm based in Rochester, New York, providing high-quality legal services to businesses and individuals since 1979.  With over a dozen attorneys and a full paralegal support staff, the firm is well-positioned to right-size services tailored to each client. We are large enough to provide expertise in a broad range of practice areas, yet small enough to devote prompt, personal attention to our clients.

We represent a diverse range of clients located throughout New York State and New England.  They include individuals, numerous manufacturing and service industry businesses, local governments, and health care professionals, provider groups, facilities and associations. We also serve as local counsel to out-of-state clients and their attorneys who have litigation pending in Western New York courts.  For more information, please contact us at 585.546.2500.