New York Attorneys Obtain Motion to Dismiss for Nonprofit Facility
New York City Partner Angela M. Stenroos and Attorney Joseph Dimitrov recently obtained a motion to dismiss at the Westchester County Supreme Court on behalf of our nonprofit facility client.
Plaintiff filed suit alleging that when they were a minor and resided at our client’s facility in 1995, they were assaulted by an employee. At the time they filed the suit, Plaintiff relied on the New York Child Victims Act (CVA) provision that, at that time, had a two-year window to revive civil actions for which the statute of limitation already passed. The New York CVA originally revived the existing statute of limitations for a one-year period commencing in August 2019, but later extended the statute to August 2021 by the New York State Legislature, providing a two-year window.
Plaintiff filed their action in November 2021, and our attorneys filed a motion to dismiss, arguing that Plaintiff’s untimely action had commenced following expiration of the already extended statute of limitations, outlined in the New York CVA. In opposition to our attorneys’ motion, Plaintiff argued that the COVID-19 pandemic Executive Orders put in place by former New York Governor Andrew Cuomo asserted that all filing deadlines forced extension, and also tolled this suit beyond the expiration. Our attorneys’ argument focused on tolling provision language found in the Executive Orders, and that the only statutes of limitations that were effectively tolled were those set to expire during the term of the Executive Order. In this case, the statute of limitation fell beyond the expiration of the Executive Order and was not tolled.
The Court ultimately ruled that although the Executive Order tolled filing deadlines beyond their expiration, this statute of limitations was not tolled due to the CVA that had already been extended beyond the applicability of the Executive Orders, and that Plaintiff filed their action on an untimely basis. In April 2023, the Court dismissed Plaintiff’s Complaint due to being barred by the statute of limitations, outlined in the CVA language.
Angela focuses her legal practice on general litigation, professional liability, medical malpractice and insurance defense. She also handles premises liability, construction defect and products liability matters, as well as claims involving discrimination, labor law, automobile and trucking liability.
Joe concentrates his practice on general negligence, general litigation and insurance defense. He also handles professional, premises and motor vehicle liability matters, as well as employment liability claims including wage and hour disputes.