Executive Order 202.8: Tolling Of New York Statute of Limitations During the Pandemic — Stop the Clock or a Grace Period?
On March 20, 2020, after the beginning of the COVID pandemic, Governor Andrew M. Cuomo issued an executive order concerning statutes of limitations (“SOL”). Executive Order 202.8 provides in pertinent part:
A series of executive orders extended this until November 3, 2020.
On October 4, 2020, Governor Cuomo issued Executive Order 202.67 which provided in pertinent part:
What are the effect of the COVID SOL Order and its successors? Is the period between March 20, 2020, and November 3, 2020, to be excluded in calculating the running of the SOL for all causes of action (stop the clock), or only for causes of action in which the SOL expired during the period (a grace period)? There is no clear answer.
Plaintiffs (for whom SOL expired between March 20, 2020, and November 3, 2020) should immediately commence suit. Those plaintiffs for whom the SOL expires in the future should not rely on the COVID SOL as granting them additional time in which to bring suit.