It is clear that these orders will continue to have a significant impact on disputes under New York law and on cases pending in New York State courts. They appear to raise a number of questions and uncertainties, including the extent of the tolls put in place by Governor Cuomo`s executive order. Although such disputes can now be filed, the extent of this litigation is not yet known because of the toll order and can be made even more difficult by litigation over the effects of the toll warrant. In short, the issue of the emergency request concerns two toll agreements implemented by the parties. On September 24, 2010, the parties reached the first toll agreement (the first). The first toll agreement expired on January 14, 2011. Subsequently, the parties amended the first toll agreement four times and finally extended the expiry date to September 15, 2011. The parties agreed that the 356-day toll period would not be taken into account in the calculations to determine whether the parties` grounds were prescribed. The parties cancelled the first toll agreement and introduced a new toll agreement, which also came into force on 24 September 2010 (second toll agreement). The second toll agreement provided that their termination would take place thirty (30) calendar days after the date on which one of the two parties informed the other party in writing that the second toll contract would be terminated. On March 20, 2020, Governor Cuomo adopted Executive Order 202.8 imposing the New York statute of limitations and other procedural deadlines from March 20, 2020 to April 19, 2020: several authors interpreted these executive orders as a statute of limitations. See Thomas A. Moore and Matthew Gaier, “Medical Malpractice, Toll on Statute of Limits During the COVID-19 Emergency,” New York Law Journal, June 1, 2020; Patrick M.
Connors, New York Practice, “The COVID-19 Toll: Time Periods and the Courts During Pandemic,” New York Law Journal, July 17, 2020. Referring to the language used by Executive Order 202.8 and given that there are some nuances in their position, these authors argue that simple language means that the last number of days that executive orders are in force would be added to the statute of limitations. In other words, if the executive orders last 228 days (the disputed executive orders have been in effect since March 20, 2020 and are currently due to expire on November 3, 2020), up to 228 days of prescription would total. If we repeat our contact example, this theory would allow the complaint to be filed by January 15, 2024 (June 1, 2023, plus 228 days). An even more urgent debate is: if the EO 202.8, as extended, works as a real toll (i.e. the time does not work during the toll period and all deadlines are deferred by 168 days) or if it suspends the deadlines until the expiration of the OP (i.e. all deadlines applicable between April 19, 2020 and September 4, 2020 will be extended to the next day). , and not all deadlines for or after September 5, 2020 are renewed).