Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations

On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which, among other things, “continue[d] the suspension and modifications of laws, and any directive, not superseded by a subsequent directive, made by Executive Order 202 and each successor Executive Order up to and including Executive Order 202.14, for thirty days until June 6, 2020, except as modified” in the May 7, 2020 Executive Order.

In other words, the May 7 Executive Order continues the suspensions and modifications of New York laws, with some exceptions, that were previously suspended and modified in the prior Executive Orders, including Executive Orders 202.8 and 202.14.

As we have previously reported, Executive Order 202.8 “tolled” through April 19, 2020 “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[.]” And, on April 7, 2020, Executive Order 202.14 extended the terms of Executive Order 202.8, with some exceptions, through May 7, 2020.

By Muhammad U. Faridi and Stephen P. Younger