As we move forward amidst the difficulties created and exacerbated by the Coronavirus (COVID-19) pandemic, you can remain assured that PPID is here for you. We understand the deleterious impact that this crisis is having on families around the world and so close to home. But, be reminded that even though this is a difficult season, it is just a season – it will pass! To facilitate its passing, we implore you to continue to take the necessary precautionary measures (i.e. social distancing, not touching your face, and washing your hands regularly for 20 seconds). The purpose of this notice is to inform you about:

1. The Current Status of New York State Courts;
2. The Effect on Personal Injury Cases;
3. Real Estate & Business Issues;
4. Criminal Law Matters; and
5. Employment Law Matters.

State Courts
Pursuant to an announcement on October 19^th by Chief Judge DiFiore, last week’s focus was on “racial justice” in the court system. After an independent “Equal Justice Review” by Jeh Johnson of our court system’s policies and practices as they relate to issues of “racial justice”, Judge DiFiore has engaged Alphonso David, President of the Human Rights Campaign, to serve as the “Independent Monitor” and implement the system-wide reforms recommended by Mr. Johnson in assisting in the Courts’ efforts “to rid the courts of racial bias in all of its form”.

Pursuant to announcement on October 26^th by Chief Judge DiFiore, regarding Covid-19 operations, two civil jury trials were tried to verdict last week in New York City, and four trials are still in progress. This week, five more civil jury trials are scheduled to start in New York and Queens Counties. Outside of New York City, the “ongoing jury pilot experience” has successfully completed 24 civil and criminal jury trials with 6 more in progress and another 16 scheduled to begin this week.

Judge DiFiore noted that the vast majority of court matters will continue to be heard virtually for the foreseeable future to in order to minimize courthouse traffic.

ALL FOUR DEPARTMENTS OF THE APPELLATE DIVISION ARE ACCEPTING FILINGS AND ARE HEARING ORAL ARGUMENTS IN-PERSON AND REMOTELY

To read the full version of the Current Status of New York State Courts, please email [email protected] to subscribe to our Litigation department’s mailing list.

Updates on Commercial Tenant Evictions  
The directive contained in Executive Order 202.64, which modified the directive in Executive Order in 202.28 that prohibited the initiation of a proceeding or enforcement of an eviction of any commercial tenant for nonpayment of rent or a foreclosure of any commercial mortgage for nonpayment of such mortgage is continued through January 1, 2021.

NYC Movie Theaters Permitted to Reopen beginning October 23, 2020
The directive contained in Executive Order 202.3, as extended, that closed movie theatres, is hereby modified to provide that movie theatres shall be allowed to open effective October 23, 2020, at 25% capacity with up to 50 people maximum per screen, subject to adherence to Department of Health guidance, provided that movie theatres in the New York City region, in counties with infection rates above 2% over a 14-day average, and in counties with red cluster zones continue to be closed.

NYC Indoor Dining at 25% capacity since September 30, 2020, subject to re-evaluation on or before November 1
Indoor dining in New York City has resumed on September 30th with a 25 percent occupancy limit. All restaurants that have reopened are subject to strict safety protocols, including temperature checks, contact information for tracing, face coverings when not seated, and other safety protocols. Bar service will not be permitted, and restaurants will close at midnight. Guidelines will be reassessed based on the data by November 1. If the infection rate does not increase, restaurants may be permitted to go to 50 percent capacity; the State will monitor any positivity increase on an ongoing basis and potentially reassess if necessary.

For more information or assistance with any business or real estate matters, contact us at 212-233-8100 EXT. 306 or email at [email protected], and we will connect you to one of our attorneys and legal staff to answer your questions and other legal concerns you may have.