With New York Gov. Andrew Cuomo’s executive orders tolling or suspending the state statutes of limitations during the COVID-19 pandemic set to expire Nov. 3, litigants may need to file claims on Nov. 4 depending on whether statutes of limitations have been tolled or simply suspended under the orders.
Debate has emerged over which type of relief the orders provide. A toll tacks on additional time to pursue a claim whereas a suspension merely suspends the statute of limitations during the time the orders are in effect, without adding additional time once the suspension ends.