|
New York County, October 15, 2004
Recently, the press reported that a lawsuit commenced by Daniel Libeskind, the internationally known architect, against the lessee of the World Trade Center site, Silverstein Properties, Inc., seeking fees for architectural services performed in connection with the design of the site's new Freedom Tower, had been resolved. This settlement was brought about through mediation conducted by Simeon H. Baum, Esq., an experienced mediator, in the Commercial Division's Alternative Dispute Resolution Program. This resolution illustrates the benefits that can come to litigants from mediation.
New York County, May 25, 2004
COURT NOTE
By notice dated February 23, 2004, the court informed the Bar that, beginning March 1, 2004, the transfer and preliminary review mechanisms of the Guidelines for Assignment of Cases to the Commercial Division would be suspended until further notice. This is to advise the Bar that this experimental suspension will come to an end as of the close of business on May 28, 2004. Beginning June 1, 2004, the full operation of the Guidelines as written will resume. The relevant back offices will once again conduct a preliminary review for new cases and cases will not be assigned to the Commercial Division where they fail to meet the monetary threshold set forth in the Guidelines. Cases that are determined by a Division Justice to be non-commercial in nature may be transferred to a non-Commercial Part. As indicated in the February 23 notice, the Division will study the effects of the suspension and, after input from the Bar, may make permanent adjustments to the Guidelines. Notice will be provided if any such revisions are made.
Dated: May 25, 2004
JOHN F. WERNER
CHIEF CLERK AND EXECUTIVE OFFICER
New York County, February 26, 2004
COURT NOTE
Effective March 1, 2004, and until further notice, the Commercial Division of Supreme Court, Civil Branch, NY County will suspend operation of the transfer and preliminary review mechanisms set out in the Guidelines for Assignment of Cases to the Commercial Division. Cases that have been designated "Commercial" on the Request for Judicial Intervention will not be assigned to a General Part after preliminary review nor transferred out of the Division and reassigned for failure to meet a monetary threshold or because of the nature of the subjects at issue (except for matters that are manifestly not commercial in character, such as a dispute over the valuation of assets in a matrimonial proceeding). The Division will study the effects of this suspension and will make such permanent adjustments to the Guidelines as may be advisable in light of the results, notice of which will promptly be provided to the Bar.
Dated: February 23, 2004
JOHN F. WERNER
CHIEF CLERK AND EXECUTIVE OFFICER
New York County, February 5, 2004
RULES OF THE JUSTICES REVISED AND REPOSTED
Revised Rules of the Justices of the Commercial Division, Supreme Court, NY County, effective February 9, 2004, have been posted on the website of the Commercial Division.
New York County - - New Court Fees
Effective July 14, 2003, increases will go into effect for certain court fees in Supreme Court, Civil Branch, and certain new fees will be introduced. The fees that may be relevant in the Commercial Division are as follows:
Index Number - $ 210
Request for Judicial Intervention - $ 95
Note of Issue - $ 125
Note of Issue (RJI fee previously paid) - $ 30
Jury Demand - $ 65
Notice of Appeal - $ 65
Filing of a Motion - $ 45
Filing of a Cross-Motion - $ 45
Filing of a Stipulation of Settlement - $ 35
Filing of a Stipulation of Discontinuance - $ 35
Amendments to CPLR 2104 and 3217 require the defendant to file with the County Clerk a stipulation of settlement or a notice, stipulation or certificate of discontinuance.
As mandated by the Legislature, the court will do its best to see to it that the required fees are paid. At the same time, as the purpose of the legislation was solely to generate funds, the court will seek to enforce the new regime in a way that avoids the loss of rights for any party.
Fees on Motions and Cross-Motions
The legislation shall be implemented as follows with regard to motions and cross-motions:
– The new motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. Similarly, an ex parte application for pre-action disclosure (CPLR 3102 (c)) would not require payment of the motion fee because it requires an index number fee and commences an "action" for this purpose. However, any motions made after the initial applications in these situations would require payment of the motion fee. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. Uncontested matrimonial matters do not require payment of the motion fee.
– The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required.
– The fee must be paid on post-judgment motions and cross-motions made in writing.
Procedures for the Handling of Motions/Cross-Motions
Attorneys making motions by notice of motion should present the papers to the Motion Support Office (Room 119, 60 Centre Street) in the first instance. The staff of that office will inspect the papers for form and, if they are satisfactory, mark them indicating that they are acceptable for filing. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective and will be rejected (e.g., motions lacking proof of service or noticed for the wrong date). The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse. When the fee is paid, the County Clerk will place on the front of the notice of motion proof of payment in the form of a cashier’s receipt stamp. This will be similar to the process now followed with Requests for Judicial Intervention. The filer should then return to the Motion Support Office and deliver the papers. The Motion Support Office will not accept motions that do not bear the cashier’s receipt stamp but will require the procedure just described to be followed.
The same process should be followed with cross-motions except that, after preliminary review in Room 119 and the obtaining of the cashier’s receipt stamp, the papers should be delivered to the Motion Support Office Courtroom (Room 130) on the return date. The staff of the Motion Support Office Courtroom will not accept cross-motions that lack the stamp; once the Motion Support Office (Room 119) has approved the cross-motion for form and so marked the papers, the filer must pay the fee and return to the Courtroom to hand in the papers. The Motion Support Office will accept the cross-motion bearing the cashier’s receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call (and also, of course, that the papers were timely served and are in compliance with the procedures of the Courtroom).
The staff in court Parts will likewise accept cross-motions on the call of the calendar in the Part only if they bear proof of payment of the fee in the form of the cashier’s receipt stamp.
Attorneys who seek to present to the Ex Parte Office (Room 315) or the Commercial Division Support Office (Room 148) orders to show cause or ex parte applications for which a motion fee is required should obtain preliminary approval from the Office, pay the motion fee and receive a cashier’s receipt stamp on the papers from the County Clerk in Room 160, and then submit the papers to the one or the other Office.
Stipulations of Settlement or Discontinuance
The recent legislation introduced fees for the filing of stipulations of settlement and stipulations of discontinuance. Stipulations of partial discontinuance of an action require payment of the fee. The legislation has placed upon the defendant the obligation to file these documents. This court will continue, as in the past, to accept letters and signed responses to case inquiries informing us that a case has been settled and we will mark cases accordingly in our computer system. We will also continue to mark cases as settled as in the past when a settlement is reached in our Neutral Evaluation Program (informally known as "Mediation"), just prior to or during jury selection, or before a Justice. When stipulations of settlement or stipulations of discontinance are filed, however, they must be accompanied by a check or other approved form of payment for the required fee ($ 35). These stipulations accompanied by proper payment should be delivered to the Cashier of the County Clerk (Room 160). The County Clerk will thereafter transmit these stipulations to the Trial Support Office (Room 158) so that the court can confirm that the court’s computer has been marked to reflect the disposition. The County Clerk will expect to receive payment when these stipulations are filed regardless of which party is doing the filing; the parties should resolve between themselves the final responsibility for the fee.
Methods of Payment
The New York County Clerk will accept payment of fees only in cash, or by Visa or MasterCard credit cards, New York attorneys’ checks, certified checks, or postal money orders. All Supreme Court, Civil Branch, NY County fees shall be made payable to the New York County Clerk.
Additional Information
Should further information about the new fees become available or if any modifications are made in the foregoing principles or procedures, notice will be posted on this website. The Bar is requested to follow this site for such information.
Dated: July 10, 2003
Kings County, December 2002
Effective December 2, 2002, a branch of the Commercial Division opened in Kings County. The Division Justices are Honorable Ariel Belen (Part 1) and Honorable Carolyn Demarest (Part 2).
Nassau County, October 2002
The Rules of the Justices of the Commercial Division in Nassau County have been revised. Rules 4 (a) and 15 (b) have been added and Rule 19-a has been adopted effective January 1, 2003. Rules 30-33 have been renumbered with minor changes. Rules 15, 25, 27, and 28 have been substantively amended.
Nassau County, October 7, 2002
The Honorable Ira B. Warshawsky has been designated to serve as a Justice of the Commercial Division in Nassau County.
Suffolk County, October 2, 2002
A branch of the Commercial Division has opened in Suffolk County. Honorable Elizabeth H. Emerson has been designated to preside.
Albany County, May 7, 2002
A branch of the Commercial Division opened in Albany County on May 7, 2002. Honorable Louis C. Benza has been designated to preside.
New York County, May 3, 2002
Rule 19-a of the Consolidated Rules of the Justices has been revised. The revisions are shown in upper case print in the Rules as posted on this site. The revisions are effective June 1, 2002.
New York County, February 20, 2002
The Consolidated Rules of the Justices of the Commercial Division in New York County have been revised to include a new Rule 19-a, the effective date of which is April 1, 2002.
December 2001
In December 2001, the New York County Lawyers' Association paid tribute to the Commercial Division by honoring the Commercial Division Justices at its 87th Annual Dinner.
|
