New York Wrongful Death Suit Timely Filed After Covid-19 Delay

Covid-19 executive orders gave New York wrongful death plaintiffs more time to file suits, as the orders halted the normal two-year time limit and didn’t merely suspend it, a state appeals court said.

The orders signed by then-Gov. Andrew Cuomo (D) on March 20, 2020, expressly “tolled” any “specific time limit for the commencement, filing, or service of any legal action” and were ultimately in force until Nov. 3, 2020, the New York Supreme Court, Appellate Division, First Department said.

The court distinguished tolling, which stops the running of a statute of limitations for a specific time period, from suspension, ...