New York Legislation Grants a Temporary Lift on the Statute of Limitations for Abuse Victims
Barry McTiernan & Moore Associate Attorney Samantha Perlowitz attended the Perrin Conferences’ virtual Sexual Abuse Litigation and Coverage Conference held on May 18, 2022. This conference provides a platform for thought leaders in sexual abuse litigation and coverage to advance the discourse on these important subjects. It also serves as an opportunity for defense and plaintiff attorneys, in-house counsel, and insurance professionals to network and share knowledge. This conference consisted of five separate sections covering topics such as Trends in Sexual Abuse Litigation, Status of the Litigation, Damages in Sexual Misconduct Cases, Early Litigation Investigation and Settlement, Status of Bankruptcies in Sexual Abuse Cases, and Insurance Coverage Issues.
In 2019, New York Legislature passed the Child Victims Act, which created a one-year lookback window for survivors of childhood sexual abuse to file claims otherwise time-barred by the statute of limitations. When the Child Victims Act window closed in August 2021 (deadline extended due to COVID), over 10K cases had been filed. New York Senate sponsors of the Child Victims Act also sponsored the Adult Survivors Act, Senate Bill S66A, which was signed into law on May 24, 2022. This law creates a one-year lookback window for survivors of sexual assault that occurred when the individuals were over age 18 to bring a claim against their abusers regardless of when the abuse occurred. Claims under the Adult Survivors Act can only be revived within a one-year window which commences six months from the effective date of the act. Civil actions brought during the one-year window that was previously dismissed due to being time-barred or for failure to file a notice of a claim shall not be dismissed on these grounds.
Barry McTiernan & Moore represents educational, municipal, and religious organizations being sued under the Child Victims Act. BMM continues to be at the forefront of this evolving area of law, developing leaders in the defense against such claims. Our CVA team is led by Executive Partner Suzanne Halbardier, who has over 30 years of experience defending high-profile claims of sexual molestation and abuse. Based on the nature of the claims, the firm has developed tailored defense strategies and constantly partners with our clients to achieve the best results.