On August 11, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sharestates Invs. LLC v. 33 Nevins St LLC, 2022 NY Slip Op. 32777(U), holding that New York’s pandemic executive orders tolled a plaintiff’s time to serve the summons and complaint, explaining:
Upon due consideration, the Court finds that plaintiff should be allowed the benefits of the extensions of time and allowances made in the Executive Orders and Court Rules during the Covid-19 pandemic, and that therefore its service on 33 Nevins was timely. Assuming arguendo plaintiff was technically late by serving after the 120-day limit of CPLR 306-b, the Court finds that plaintiff has adequately shown good cause for the late service, or, alternatively, it has adequately shown entitlement to an extension of time to serve in the interest of justice.
(Internal citations omitted).