This piece summarizes several significant civil procedure decisions handed down by the New York Court of Appeals during its 2019–2020 term. Given our space limitations, we have addressed these decisions in a somewhat abbreviated manner. There are frequent citations in this piece to David D. Siegel & Patrick M. Connors, New York Practice (Thomson, 6th ed. 2018), where readers can find background on the civil practice issues presented in these cases. The treatise is supplemented biannually (most recently in July) and contains further discussion of the decisions reported below and other significant decisions from various courts.

Timely Interposing a Claim

The statute of limitations is the most powerful weapon in civil procedure. It can destroy a case quickly without even a cursory glance at the merits of the claim. Defendants constantly try to assert this deadly affirmative defense, and plaintiffs strive mightily to avoid it. This past term, the Court of Appeals handed down three significant decisions addressing the statute of limitations.