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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46988 Justice Jacobson PLAINTIFF’S JULY 26, 2002 action sought damages for injuries allegedly sustained in an April 26, 2001 vehicular accident. Defendant City sought dismissal of plaintiff’s action as untimely under General Municipal Law �50-1(1)(c). Plaintiff countered that the effect of Executive Orders issued by Governor George E. Pataki after the Sept. 11, 2001 terrorist attacks, suspending civil and criminal statutes of limitations for a period of from 30 to 120 days, was meant to be additional time to be “tacked” onto statutes of limitations. As such, plaintiff alleged, his action was timely. The court dismissed plaintiff’s action as untimely. Referring to a federal court’s decision in Randolph v. CIBC World Markets, the court noted that only the Legislature holds power to permanently extend statutes of limitation. It also determined that acceptance of plaintiff’s interpretation of the effect of the Executive Orders would extend every statute of limitations for 20 years, a result neither intended by nor specified in the Executive Orders.

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