The Second Department clarified whether executive orders issued by New York’s governor tolled or suspended the statute of limitations during COVID.

On March 20, 2020, former New York Governor Cuomo issued the first of several executive orders affecting the statute of limitations. The last of these orders expired on November 3, 2020. There were questions throughout the legal community of whether the orders tolled or suspended the statute of limitations. A suspension would mean that the approximate eight months would not be added to the statute of limitations, whereas a tolling would add the eight months to the statute. In Brash, the court interpreted the orders as tolls, meaning that any actions where the statute of limitations are implicated receive an additional eight months added to the period.

^{Case Law Alerts, 4th Quarter, October 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}