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Update: Gov. Cuomo’s Executive Orders Tolled NY’s Limitation Periods
August 4, 2021 | Commercial Litigation

In April 2020, in an article entitled, “Coronavirus and Statutes of Limitations in New York: A Lingering Effect?”, we discussed Governor Cuomo’s Executive Order 202.8, issued in the first year of the Covid-19 pandemic. We opined that, based on its language, it served to “toll,” rather than “suspend,” New York’s limitation periods.[1]

On June 2,

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You Can Be Compelled to Arbitrate Based on an Agreement You Didn’t Sign
July 21, 2020 | Commercial Litigation

As a general rule, parties cannot be forced to arbitrate a dispute unless they signed a clear and binding agreement to arbitrate. However, a recent decision issued by New York County Commercial Division Judge Barry Ostrager reminds litigants that parties, who invoke the benefits of an agreement requiring arbitration, may, in fact, be compelled to

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Recent Commercial Division Decision Highlights That Sometimes Less Is More
April 16, 2020 | Commercial Litigation

A recent decision by New York County Commercial Division Justice, the Hon. Barry Ostrager, gave litigants a reminder of the preference that New York courts have for reasonable non-solicitation and confidentiality clauses that do not include covenants not to compete.

In King v. Marsh & McLennan Agency, LLC, 2020 NY Slip Op 50370(U) (Sup. Ct.

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Coronavirus and Statutes of Limitations in New York: A Lingering Effect?
April 14, 2020 | Commercial Litigation

We’ve all heard the COVID-19 pandemic described as “unprecedented.” Governor Cuomo’s Executive Order 202.8 and its treatment of time limitations (including statutes of limitations), may also be unprecedented.

Executive Order 202.8 was issued on March 20, 2020. It states that “any specific time limit for the commencement, filing, or service of any legal action, notice,

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Courts Respond to COVID-19 with Consolidated, Virtual Options
March 31, 2020 | Commercial Litigation

They say necessity is the mother of invention, and perhaps no less so in trying times like these. For years, the idea of virtual courts in New York has been discussed, and, in some very limited cases implemented. But now, in the current crisis, they are more necessary than ever and the Chief Judge of

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COVID-19 Update: Limited Access to Courts for Commercial Litigants
March 23, 2020 | Commercial Litigation

In these trying times, your options for immediate relief in commercial cases is likely limited unless it directly is related to coronavirus issues. However, if your issues satisfy the requirements of federal jurisdiction, you still have the ability to pursue a remedy in federal court.

When it comes to commercial litigation during the coronavirus pandemic,

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