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Despite a ban on new lawsuits imposed during the coronavirus outbreak, New York State's Unified Court System will give survivors of child sex abuse an opportunity to file their claims before time runs out on a "look-back window" opened for older accusations, according to a state court spokesman. 

There's no specific date on when survivors will be able to file, but New York court system spokesman Lucian Chalfen said they will make an accommodation to allow new cases to be filed under the Child Victims Act before the deadline in August.

"We will not prevent new filers from having their day in court," he said Tuesday in a statement on the law, which opened a year "look-back" period that allowed victims of child sex abuse to sue over claims previously barred by statutes of limitation. 

Lawyers and accusers have deep uncertainty over whether a tolling order from Gov. Andrew Cuomo—which paused statutes of limitation—will apply to the act's one-year window. 

The executive order said the tolling would go until April 19, but it wasn't immediately clear Wednesday if that has since been extended.

Attorneys for child victims say the situation opens the door for CVA defendants to litigate the matter in court and leverage the uncertainty to their advantage.

Lawmakers and advocates are pushing for a bill to extend the one-year period and give victims more time to file.

But the Legislature have been sidelined since passing the state budget weeks ago and it remains unclear if they will pass the bill. On the line is the extension of a law that has brought a tidal wave of litigation against youth groups, churches and schools.

In March, Cuomo issued an executive order that tolled "any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding."

But there's no guarantee the tolling order will apply to CVA lawsuits, said Kat Thomas, an attorney for victims of sexual violence. She expects defendants to push back on the executive order and says there's been a focus on procedural legal strategies from defense lawyers in these cases.

James Marsh, a partner at the Marsh Law Firm, said he believes the tolling applies to CVA lawsuits, but litigation brought after the one-year period will be at risk due to the uncertainty.

He said defense lawyers might make a due process argument under the state constitution and challenge the governor's order.

"They are going to litigate every comma," he said, arguing the uncertainty could become a "field day" for defendants looking to escape liability.

Disagreeing with that assessment was Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, a group comprised of businesses, health care providers and others. The group opposed the CVA's "look-back" window.

Stebbins argued the executive order is written broadly and clearly covers CVA suits. He also accused advocates of using the executive order to stir up political momentum for an extension to the act's revival period.

State lawmakers took a pass on extending the CVA's legal window through the state budget process.

Still, state Sen. Brad Hoylman and state Assemblywoman Linda Rosenthal have sponsored a bill that would extend the CVA revival period for another year. 

Opponents to the extension argue that institutions deserve some finality to the outstanding lawsuits against them. They also argue an extension is unnecessary and the act has been highly publicized. 

To advocates and child victim attorneys, the COVID-19 pandemic only intensified the need for an extension to the "look back" window, especially considering to the societal upheaval triggered by the virus. In particular, they say access to certain documents and records has been cut off due to the virus. 

For his part, Cuomo has issued tepid responses on extending the CVA revival period as of late.

"[Would] I sign a bill?" he said at a press conference last week. "Depends on what the bill say, and I would need to see the bill and then make a decision."

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