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Is a Positive Covid-19 Diagnosis a Disability?

New York, New York–June 23, 2021–Fensterstock, P.C. attended the New York American Inn of Court – June 23 Virtual Program, which presented Employment Law issues created by the ongoing Covid-19 Pandemic through a live performance of “The Office: An American Workplace” fan fiction.  One of the issues presented was whether workers who test positive for Covid-19 are protected by the Americans with Disabilities Act (“ADA”). The United States District Court for […]

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COVID-19 UPDATE: NY Statute Of Limitations Tolled Until July 6, 2020

New York, New York–June 6, 2020–New York Governor Andrew M. Cuomo signed Executive Order No. 202.38 today, which, among other things, tolled New York State’s statute of limitations in certain cases until July 6, 2020. Today’s Executive Order continued the suspensions and modifications of laws made by Executive Order 202 in response to the COVID-19 […]

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COVID-19 UPDATE: NY State Courts Accepting New Cases on Monday

Beginning Monday, May 25, 2020, New York State Courts Will Be Accepting New Non-Essential Cases Electronically Where All Represented Parties File and Serve All Papers Electronically New York, New York–May 20, 2020–The Honorable Lawrence K. Marks, Chief Administrative Judge of the Courts for the State of New York, wrote a memorandum to all trial court […]

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COVID-19 UPDATE: NY Statute Of Limitations Tolled Until June 6, 2020

New York, New York–May 7, 2020–New York Governor Andrew M. Cuomo signed Executive Order No. 202.28 today, which, among other things, tolled New York State’s statute of limitations in certain cases until June 6, 2020. Today’s Executive Order continued the suspensions and modifications of laws made by Executive Order 202 that had not been superseded […]

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COVID-19 UPDATE: NY State Courts Expanding Virtual Court Operations

New York, New York–April 30, 2020–The Honorable Lawrence K. Marks, Chief Administrative Judge of the Courts for the State of New York, wrote a memorandum to all trial court justices and judges on April 30, 2020, expanding virtual court operations beginning Monday, May 4, 2020.  The Courts will begin accepting new motions, responsive papers to […]

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COVID-19 UPDATE: First Department Updates Virtual Court Rules

New York, New York–April 21, 2020–The Appellate Division of the Supreme Court of New York, First Department, updated its rules concerning its virtual court operations. You can find the full update here. Importantly, appeals set for the Special May 2020 term have been published on the First Department’s Calendar webpage, and will begin May 6, […]

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COVID-19 UPDATE: New York First Department Expands to Virtual Court

New York, New York–April 15, 2020–The Appellate Division of the Supreme Court of New York, First Judicial Department, announced that it is transitioning to a virtual court until further notice in light of the coronavirus pandemic and the court’s obligation to respect Governor Cuomo’s New York State on PAUSE Executive Order. Click here for a […]

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COVID-19 UPDATE: NY State Courts Reducing Litigation Restrictions

New York, New York—April 8, 2020—The Chief Administrative Judge of the Courts of the State of New York promulgated Administrative Order 85/20, which eases some of the litigation restrictions promulgated in AO/78/20, in an effort to mitigate the effects of the Coronavirus pandemic on New York Courts. Importantly, effective April 13, 2020, the trial courts […]

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COVID-19 UPDATE: Statute of Limitations Tolled Another 30-Days

New York, New York—April 7, 2020—New York Governor Andrew M. Cuomo signed Executive Order No. 202.14 today, which, among other things, continued the suspensions and modifications of laws made by Executive Order 202, which declared a disaster emergency in the State of New York and tolled the statute of limitations in certain cases through April […]

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COVID-19 UPDATE: New York State Courts Provide Guidance on E-Filing Procedures

Courts Remind Litigants That Any Filing That is Not “Essential” Will Not Be Accepted New York, New York–April 2, 2020–In the face of the COVID-19 pandemic, New York State Courts continue to clarify procedures and rules governing filings in civil cases. The New York State Courts recently provided guidance on the rules governing electronic filing […]

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COVID-19 UPDATE: New York State Courts Preclude Non-Essential Court Filings

New York, New York–March 22, 2020–This evening, as a result of the COVID-19 outbreak in New York State and the nation, the Chief Administrative Judge of the Courts of the State of New York issued Administrative Order 78/20, which precludes any filings in any New York State Court, including electronic filings, concerning matters that are […]

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COVID-19 UPDATE: Protocols on Civil Litigation and Discovery

New York, New York—March 19, 2020—The Chief Administrative Judge of the New York State Courts issued Administrative Order 71/20, which sets forth the following discovery and litigation “protocols to mitigate the adverse effects of the COVID-19 outbreak upon the practice of civil litigation” in New York State Courts: 1.         Civil Litigation Generally: The prosecution […]