As the civil courts in New York state continue their gradual re-awakening, many of the pending cases, belying their “active” designations, have lain dormant for all or most of the pandemic. It is now left to the courts and litigants to ascertain which of those cases are merely napping, and which of those cases simply await last rites.

Pre-pandemic, there were any number of reasons why litigants were content to let a case remain inactive, although the advent of Differentiated Case Management (D.C.M.) made that increasingly difficult, and in some counties, virtually impossible. COVID-19 changed all that and, as in most aspects of our personal and professional lives, necessitated an ever-evolving, ever-morphing set of stratagems by both courts and attorneys to maintain some semblance of forward momentum.

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