New York Courts to Allow New Lawsuits Starting May 25, 2020

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Beginning May 25, 2020, New York state courts will allow new lawsuits to be filed statewide through the New York State Courts Electronic Filing (NYSCEF) system for the first time since the courts were shut down for all “non-essential” matters because of the COVID-19 pandemic.

On March 22, 2020, following New York Governor Andrew M. Cuomo’s suspension of the state’s statutes of limitations, New York state courts barred electronic and paper court filings in all matters other than those deemed “essential,” which consisted of a short list of proceedings, including emergency applications related to the coronavirus, temporary orders of protection in matters involving domestic violence, and emergency applications in guardianship matters. As a result, no new “non-essential” lawsuits could be commenced.

Pursuant to a memorandum issued by Chief Administrative Judge Lawrence K. Marks on May 20, 2020, New York state courts will once again allow new lawsuits—including “non-essential” ones—to be filed electronically starting May 25, 2020, even in the five New York City counties and in Nassau, Suffolk and Westchester counties, which have not yet met the benchmarks set by the Governor for reopening.

Starting next week, new lawsuits can be brought for virtually all matters affecting co-ops and condos, including disputes concerning retail and commercial leases, contract deposits, construction, alterations, access to adjoining properties, election and governance, breach of fiduciary duty, leaks, quality of life issues (i.e., noise, mold, smoking etc.), garage agreements and leases, short-term/Airbnb rentals, construction and design defects, mechanic’s liens, zoning, Americans with Disabilities Act (ADA) Title II requirements and reasonable accommodations.

Please note, however, that eviction proceedings are still prohibited.