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Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes...more
The Commercial Division Advisory Council (“CDAC”) has recommended a new rule that would introduce the use of Virtual Evidence Courtrooms in the Commercial Division. The proposed Rule 25-a is now under review by the...more
This Blog has written frequently about the substance and scope of general releases. In New York, “a valid release constitutes a complete bar to an action on a claim which is the subject of the release.” If “the language of a...more
New York’s Commercial Division has long prided itself on adopting practices and procedures similar to the federal courts. A recent amendment to its rules takes a further step in that direction by mandating initial disclosures...more
The Commercial Division Advisory Council (“Advisory Council”) is consistently looking to implement and amend new rules to enhance practice in the Commercial Division. On June 11, 2025, the Advisory Council proposed adding a...more
The Administrative Board of the Courts is seeking public comment on a proposal by the Commercial Division Advisory Council to amend the Commercial Division rules (22 NYCRR § 202.70) to clarify what types of insurance cases...more
Effective April 1, 2015, the Commercial Division of the New York State Supreme Court promulgated a series of reforms to the Rules of Practice for the Commercial Division, including the addition of new Rule 11-e, which...more
“Down the ridiculous rabbit hole,” “magical math,” “smoke and mirrors,” “sixteen-year charade.” That’s how the plaintiff’s post-trial brief in Becker v Perla described the defendant’s reverse-field disavowal of his sworn...more
When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many readers of this blog are aware, CPLR 308 authorizes alternate service methods...more
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In...more
Commercial loan documents are notoriously complex, packed with financial reporting requirements, compliance covenants, and collateral maintenance obligations. For practitioners seeking the expedited relief of CPLR 3213’s...more
On March 27, 2025, the U.S. District Court for the Southern District of New York largely denied a motion to dismiss fraudulent transfer and tortious interference claims arising out of a dispute over the financing and...more
On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a...more
Over the years I’ve become less enamored with arbitration as an alternative to litigating complex business cases in court, mostly because the traditional trade-off between abundant due process protections (court) versus...more
On April 23, 2025, Matt Donovan and Viktoriya Liberchuk moderated a panel featuring Westchester Commercial Division Justices Linda S. Jamieson and Gretchen Walsh. The “town-hall” event covered a wide range of topics,...more
While the Commercial Division Rules are closer to the Federal Rules of Civil Procedure than any other set of court rules in New York (including the base requirements of the CPLR), they are far from identical. One area where...more
As readers of this blog are well aware, we here at New York Commercial Division Practice take great pride in posting about proposed or amended rules of practice in the Commercial Division. Knowledge of the local rules is...more
This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more
On March 4, 2025, the New York County Lawyers Association (“NYCLA”) celebrated a significant milestone during its Annual Gala held at The Pierre Hotel in Manhattan. The event commemorated the 30th Anniversary of the...more
As recently highlighted by my colleagues, the Commercial Division Advisory Council (“Advisory Council”) has been hard at work striving to implement and amend certain rules and regulations to enhance practice in the Commercial...more
Here at New York Commercial Division Practice, we make a point of highlighting the advantages of practicing in the Commercial Division. For example, in Have Commercial Dispute, Will Travel (to New York) | New York Commercial...more
Having recently set our clocks back at the end of this year’s Daylight Saving Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY bar event....more
On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the...more
As summer winds down, ComDiv practitioners no doubt will soon be gearing up for the upcoming fall and winter months. Time again to trade in your flip-flops for legal pads. The year-end push will soon be upon us....more
Since the inception of the New York State Supreme Court Commercial Division Rules in 1993, the rules have been consistently amended and refined by judges with practitioners’ input to “improve the efficiency with which such...more