New York
New York – Force Majeure Law
Stay At Home/Closures/Reopening
Effective midnight June 24 – joint travel advisory that says people coming in from states with a high infection rate must quarantine for 14 days. This applies to any person arriving from a state with a positive test rate higher than 10 per 100,000 residents over a 7-day rolling average or a state with a 10% or higher positivity rate over a 7-day rolling average.
https://www.governor.ny.gov/news/governor-cuomo-governor-murphy-and-governor-lamont-announce-joint-incoming-travel-advisory-all
https://coronavirus.health.ny.gov/home
https://www.governor.ny.gov/news/governor-cuomo-announces-gatherings-25-people-will-be-allowed-phase-three-reopening-0
https://www.governor.ny.gov/news/no-20238-continuing-temporary-suspension-and-modification-laws-relating-disaster-emergency
Is Construction Deemed “Essential”/Exempted?
Effective May 15, 2020, construction operations may restart in the Central NY, Finger Lakes, Southern Tier Mohawk Valley and North County regions. All construction businesses in regions of New York that have been permitted to re-open, as well as construction businesses statewide that were previously permitted to operate as essential must follow mandatory health and safety guidelines, as well as any existing, applicable local, state, and federal laws, regulations and standards.
ConstructionShortGuidelines
ConstructionMasterGuidance-1
NYS_BusinessReopeningSafetyPlanTemplate
Phase One of the Plan to Reopen NY to restart construction operations
https://esd.ny.gov/guidance-executive-order-2026 – March 27, 2020
Limited. Non-essential businesses and construction projects must cease operations at least through May 15, 2020, subject to a further executive order. Essential construction may proceed, to the extent that:
- the construction is for or supports, roads, bridges, transit facilities, utilities, hospitals or healthcare facilities, homeless shelters, or public or private schools;
- the construction is for affordable housing;
- the construction is necessary to protect the health and safety of occupants of a structure;
- the construction is necessary to continue a project if allowing the project to remain undone would be unsafe, provided that the construction must be shut down when it is safe to do so;
- the construction is for projects in the energy industry;
- the construction is for existing (i.e. currently underway) projects of an essential business; or,
- the construction work is being completed by a single worker who is the sole employee/worker on the job site.
At every site, the personnel working on the site must maintain an appropriate social distance, including for purposes of elevators/meals/entry and exits. Sites that cannot maintain appropriate social distancing, as well as cleaning/disinfecting protocols must close. Enforcement will be conducted by state and local governments, including fines up to $10,000 per violation.
New York City Department of Buildings map of essential, active construction sites may be found here.
Federal Court Extension of Filing and Case Deadlines
Eastern District – Effective November 24, 2020, all criminal and civil jury selections and trials, and all in-person bench trials, are hereby postponed pending further Order of the Court. All continued trials will be rescheduled by order of the assigned judge. When jury trials resume, scheduling priority will be given to criminal trials with in-custody defendants, with consideration also given to the length of time that cases have been pending. Compliance with all trial-specific deadlines in continued civil and criminal cases is at the discretion of the judge.
Each visitor to the Courthouse must comply with screening procedures, including having his/her temperature taken. All visitors to the Courthouse must wear a mask, covering both nose and mouth, and adhere to social distancing protocols.
Northern District – All civil and criminal jury selections and jury trial scheduled to commence through March 8, 2021 in any courthouse in the District are continued pending further Order of the Court. Case-by-case exceptions to the postponements may be ordered at the discretion of the Court after consultation with counsel. This order does not affect the Court’s consideration of civil or criminal motions that can be resolved without oral argument or handled by telephone or video conference.
All visitors to the courthouse, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a mask or a face covering when in the common or public areas of the courthouse. Persons refusing to wear a mask or to comply with the instructions of courthouse staff may be denied entry or removed.
Western District – All criminal and civil jury trials scheduled to commence through February 24, 2021 are continued. All in person criminal and civil appearances are continued through February 24, 2021, unless the in-person appearance is deemed essential by the presiding or referral judge. This General Order does not affect the Court’s consideration of civil matters that can be resolved by telephone or videoconference or without oral argument or personal appearances.
The Court’s ADR Program is open, subject to the following limitations: 1. All ADR deadlines are extended for a period of sixty (60) days unless otherwise determined by the presiding or referral judge; 2. The Mediator in any case may elect to adjourn mediation sessions until February 24, 2021; 3. Notwithstanding the above, no in-person mediation sessions will be conducted in the courthouses of the Western District of New York through February 24, 2021, unless approved by the presiding or referral judge; 4. If a mediation is adjourned, the Mediator shall prepare a Mediation Certification confirming to the Court that the mediation session has been adjourned, including the new date for the mediation session as agreed upon by the Mediator and the parties, and send it to “adrprogram@nywd.uscourts.gov” for filing; 5. This Order shall apply to all Case Management/Scheduling Orders with ADR deadlines issued through February 24, 2021.
All litigants and visitors to the Courthouses must wear a mask or face covering in all public areas of the Courthouse. The US Marshalls may deny entry to the Courthouse to anyone who is not wearing a mask or face covering. Any visitor who seeks to enter the Courthouse without a mask will be provided a mask by the Court. If the Court is unable to provide a mask for any reason, the visitor will be asked to determine whether the purpose of the visit can be accomplished without entering the Courthouse.
Southern District – All jury trials scheduled for the period beginning December 1, 2020 and ending January 15, 2021 are adjourned. Jury trials will be rescheduled by further order of the presiding Judge. All civil proceedings, including bench trials and hearings with witnesses, will be conducted remotely.
All visitors to the courthouse, including vendors, contractors, litigants, attorneys, and other members of the public, shall be required to wear a mask or a face covering and will be subject to screening procedures.
SDNY Entry Questionnaire: https://www.nysd.uscourts.gov/sites/default/files/2020-10/QR%20Sign%20-%20Public_Media_v.5.pdf
2020 Phased Re-Entry Plan (COVID-19): https://www.nysd.uscourts.gov/sites/default/files/2020-11/Public%20Phased%20Plan%2011.19%20final.pdf
Guidelines for pre-screening upon entry to the Courthouse and wearing face coverings in courtrooms and common areas of the Courthouse can be accessed here.
