EXECUTIVE ORDERS EXTENDED LITIGATION DEADLINE BY 228 DAYS
CML was injured on January 4, 2018, and when a personal-injury case was filed against Snowlift, Inc., on January 13, 2021, the company contended that the matter had to be dismissed because it hadn’t been timely interposed (in that should have been brought within a three-year window pursuant to New York State law). And a Kings County Supreme Court judge agreed with that argument and dismissed the case.
But days after that decision was issued, the Appellate Division, Second Department, found (in a different dispute) that Governor Cuomo’s COVID-related Executive Orders [Nos. 202.8 and 202.67 (9 NYCRR 8.202.8, 8.202.67), which had been enacted in March 2020 and October 2020], “tolled” the filing of civil litigation for a period of some 228 days (from March 20, 2020, to November 3, 2020).
Given that “change in law,” CML made a motion to “renew,” which the Supreme Court granted. (It modified its original determination and reinstated the negligence case.) And, on appeal, the AD2 affirmed that outcome since the statute of limitations hadn’t yet been triggered as of the case’s filing date given that 228-day-extension.
Guess who could have used a lift there .…
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DECISION