So much has changed in the world since our last piece appeared in the March 16 edition of the Law Journal. At that time, in the middle of the presidential primary season, we were concerned about pleading and preserving affirmative defenses. Fast forward four months and we are now in the midst of the COVID-19 disaster emergency. Like so many parts of New York state, our courts were effectively locked down at the end of March and filings, even in e-filed actions, were prohibited in all but “essential matters.”

Despite a global pandemic lockdown, New York’s procedural world refuses to rest, and numerous important developments have taken place to grapple with the problems caused by the spread of COVID-19. Too many, in fact, to discuss in this limited space. Therefore, we will focus on some of the basics and refer the reader to the July 2020 Supplement to Siegel and Connors, New York Practice, which is now available on Westlaw. The July 2020 Supplement contains an expanded discussion of the issues addressed here, and coverage of many other procedural issues arising during the COVID-19 disaster emergency.

Executive Orders Creating the COVID-19 Toll

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