In 2019, the New York State Legislature passed the Child Victims Act [CVA], which provided that previously time-barred tort claims based on sex offenses against children could be brought within a specified time.
In response to a question certified by the United States Court of Appeals for the Second Circuit, and accepting the Second Circuit's interpretation for purposes of its answer to the question certified without endorsing it, in Jones v Cattaraugus-Little Valley Central School District* the New York State Court of Appeals concluded that the six-month waiting period preceding August 14, 2019, the date on which previously barred claims could be brought, is neither a statute of limitations nor a condition precedent.
In other words, the New York State
Court of Appeals held the actions on such claims could be commenced
"not earlier than" August 14, 2019 and "not later than"
August 14, 2021.
The New York State Court of Appeals, citing Anderson v Eli Lilly & Co., 79 NY2d 797, said "the CVA, like other claim revival statutes, temporarily revived certain previously time[-]barred claims — it did not act to create any new causes of action".
Click HERE to access the opinion of the Court of Appeals posted on the Internet.