We note that Judge Leslie E. Stein recently announced that she will be retiring from the Court of Appeals in June 2021 after having served on the court since February 2015 and after more than 20 years of distinguished judicial service overall. It is only fitting, then, that this month’s column focusses on a decision for which Judge Stein wrote the majority opinion.

In Chavez v. Occidental Chemical Corporation, the Court of Appeals answered questions certified by the Second Circuit regarding the extent to which New York recognizes the class action tolling principles set forth in American Pipe and Constr. Co. v. Utah, 414 U.S. 538 (1974) and its progeny providing that the statute of limitations is tolled as to absent class members as long as a putative class action is pending. The court unanimously agreed that New York recognizes “cross-jurisdictional” tolling with respect to putative class actions brought in other states. The Judges split, though, on the issue of whether that tolling terminates upon a non-merits dismissal of class certification.

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