03/04/2021
Toll or Suspension of the Statute of Limitations?
On March 20, 2020, Gov. Cuomo issued Executive Order 202.8, which declared a state of emergency and "tolled" certain Statute of Limitation deadlines until April 19, 2020. Executive Order 202.8 was extended through subsequent Executive Orders, the latest of which is 202.67 and extended the "toll" through Nov. 3, 2020.
Many have interpreted these Executive Orders as instituting a suspension of the SOL rather than a toll. We may have just received some guidance.
In Foy v State of New York, the Court of Claims ruled that the Executive Orders provide for a toll extending the time limits for the commencement, filing or service of a legal action, not a suspension.