Despite a ban on new lawsuits imposed during the coronavirus outbreak, New York State’s Unified Court System will give survivors of child sex abuse an opportunity to file their claims before time runs out on a “look-back window” opened for older accusations, according to a state court spokesman.
Lawyers and accusers have deep uncertainty over whether a tolling order from Gov. Andrew Cuomo—which paused statutes of limitation—will apply to the act’s one-year window.
James Marsh, a partner at the Marsh Law Firm, said he believes the tolling applies to CVA lawsuits, but litigation brought after the one-year period will be at risk due to the uncertainty.
He said defense lawyers might make a due process argument under the state constitution and challenge the governor’s order.
“They are going to litigate every comma,” he said, arguing the uncertainty could become a “field day” for defendants looking to escape liability.
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