In an article published by Law360, New York principals Chris Johnson and Zach Mazin, and associate Dan Hendler, assess the implications of New York County Commercial Division Justice Joel M. Cohen’s ruling that “…New York litigants will be free to toll their claims forever, so long as they enter into separate agreements that toll the claims for no longer than the length of the limitations period.” If the decision survives an appeal, both plaintiffs and defendants in commercial cases stand to benefit. “Plaintiffs can take their time to build a case, rather than file complaints they prefer not to. Defendants can kick the can even further down the road and increase the odds of a resolution outside the courts or of a plaintiff choosing not to file.” Read the full article here.
