News & Analysis as of

New York Commercial Litigation

Farrell Fritz, P.C.

New Rule Proposal Encourages Use of Virtual Evidence Courtrooms in New York Commercial Division

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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

Freiberger Haber LLP

Release in Settlement Agreement Bars Class Action To Recover Damages For Certain Rent Overcharges

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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

DarrowEverett LLP

Game Changer: Rule 11-h Reshapes New York Complex Business Disputes

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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

Farrell Fritz, P.C.

A Tool to Locate, But Not Analyze: Commercial Division Seeks to Adopt a New Rule Governing GenAI

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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

Rivkin Radler LLP

Advisory Council Recommends Amending NY’s Commercial Division Rules

Rivkin Radler LLP on

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

Epstein Becker & Green

An Oft-Overlooked Requirement in the N.Y. Commercial Division Rules: The Rule 11-e(d) Statement of Completion

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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

Farrell Fritz, P.C.

The Consequences of Deception: Defendant Hit With $4.5 Million Judgment After 12-Year “Wild Goose Chase Based on a Lie”

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“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

Farrell Fritz, P.C.

No Service Shortcuts Abroad: The Limits of Alternate Service Under CPLR 308

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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

Farrell Fritz, P.C.

Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction

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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

Farrell Fritz, P.C.

When Additional Obligations Don’t Derail CPLR 3213: Commercial Division Clarifies the Test

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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

King & Spalding

Southern District of New York Allows Fraudulent Transfer Claims Accusing JPMorgan and Others of Scheme, Dismisses Claims for...

King & Spalding on

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

Farrell Fritz, P.C.

Persistence, Procedure, and Default: Lessons from ACM MCC VI LLC v. Able Liquidation Three & Thomas Rossi

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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

Farrell Fritz, P.C.

LLC Minority Member Gets Caught in His Own “Wolverine Trap”

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

Behind the Bench: An Evening with the Westchester Commercial Division Justices

Farrell Fritz, P.C. on

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

Sheppard Mullin Richter & Hampton LLP

Commercial Division Moves Towards Adopting Additional Initial Disclosure Requirements

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

Farrell Fritz, P.C.

A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local Rules

Farrell Fritz, P.C. on

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

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (April 2025)

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

Farrell Fritz, P.C.

A Court that Means Business: Three Decades of the New York Commercial Division

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

You Got a Friend in Me: Commercial Division Seeks to Adopt New Rule Governing the Filing of Amicus Curiae Briefs

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

The NYSBA’s Efforts to Boost Legal Revenue and Business in New York

Farrell Fritz, P.C. on

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

Farrell Fritz, P.C.

When the Clocks Are Turned Back, Women Litigators Step Forward: NYSBA ComFed Fall Event, “Taking the Lead 2024”

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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

Seyfarth Shaw LLP

New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides - Seyfarth's Future...

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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

Farrell Fritz, P.C.

Save the Date:  An Evening with New York’s Commercial Division Justices on September 12, 2024

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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

Farrell Fritz, P.C.

Proposed Trial Rules Reboot (Commercial Division Rules 25-33): Stay Tuned

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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

Foley Hoag LLP - Cannabis and the Law

New York State Court Invalidates Certain Adult-Use Regulations Around Third Party Marketing Platforms

In a breathtaking decision filed yesterday in New York Supreme Court, the Honorable Kevin R. Bryant issued a decision and order that has struck down virtually all of New York’s adult-use cannabis industry regulations as...more

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