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News Archive 2001 - 2012


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2012 News

 
New York County - July 2012

Important Information About Cases In Part 60 (former Justice Bernard Fried) . More Information

 

New York County - February 2012

The New York County Commercial Division has changed its procedures regarding the assignment of Commercial Division cases. More Information

Mandatory Electronic Filing in Kings, New York, & Westchester Counties and Consensual Electronic Filing in Onondaga - Jan.-Feb. 2012 - January 2012

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2011 News


New York County - August 2011

Notice to the Bar regarding the new form of Request for Judicial Intervention and related procedures

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New York County - February 2011

Justice James A. Yates (Commercial Division Part 49) has resigned. Justice O. Peter Sherwood has been designated to take his place in Part 49.

Justice Richard B. Lowe III has been designated the Presiding Justice of the Appellate Term. The inventory of Justice Lowe's Commercial Division Part (Part 56) has been reassigned to the other Division Justices (with some exceptions).

Effective February 9, 2011, the Commercial Division Office (with the exception of the ADR Program thereof) has relocated from Room 148 to Room 119 A at 60 Centre Street. The functions of the Office remain the same.

Secure Pass processing has moved from 60 Centre Street to 111 Centre Street (White Street entrance). Attorneys who have submitted applications that have not been processed as of February 9, 2011 should obtain their Pass or seek information at 111 Centre Street (White Street entrance).

Certain procedures regarding motions-petitions on notice returnable in the Motion Support Office Courtroom (Room 130) in hard-copy cases are changing as of March 15, 2011.

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2010 News


NOTICE TO THE BAR - September 2010

Nassau County

ADR Rules have been revised, effective September 2010, for the Alternative Dispute Resolution Program of the Commercial Division of Supreme Court, Nassau County.

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NOTICE TO THE BAR - August 2010

By an Administrative Order dated July 27, 2010, Chief Administrative Judge Ann Pfau has changed the Uniform Commercial Division Rule 1 (22 NYCRR 202.70[g][1]) to address the discussion of e-discovery at the preliminary conference.

For the Administrative Order implementing these changes, go to: Amendments to Administrative Order - Section 202.70

NEW P.C. RULE REGARDING E-DISCOVERY - July 2010

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NOTICE TO THE BAR - July 2010

By Administrative Order dated July 1, 2010, Chief Administrative Judge Ann Pfau has changed the monetary threshold for cases in the Commercial Division (see 22 NYCRR 202.70[a]) in Westchester County. The threshold has been raised from $75,000 to $100,000.

All other monetary thresholds remain the same.

For the Administrative Order implementing this change, go to: Administrative Order Amending Section 202.70.

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NOTICE TO THE BAR - June 30, 2010

New York County

Statement of Administrative Judge Regarding Implementation of a Rule of the Commercial Division (June 30, 2010)

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NOTICE TO THE BAR - April 1, 2010

New York County

Mandatory Electronic Filing in New York County commences May 24, 2010.  

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NOTICE TO THE BAR - March 16, 2010:

Electronic Discovery

A Report to the Chief Judge and Chief Administrative Judge: Electronic Discovery in the New York State Courts is now available.

Read the Press Release

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NOTICE TO THE BAR - March 12, 2010:

Kings County

The Commercial Division welcomes Justice Robert J. Miller. Click on the links below to access his biographical and Part and Chambers information:

Justice Robert J. Miller - Bio | Parts & Chambers

January 21, 2010:
Commercial Division Law Report Winter 2010 Issue Now Available

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NOTICE TO THE BAR - January 1, 2010:

Eighth Judicial District

Effective January 1, 2010, Hon. John A. Michalek has become the Presiding Justice for the 8th Judicial District Commercial Division, succeeding Hon. John M. Curran who served from 2007 - 2009. Justice Michalek will receive all new and incoming Commercial Division cases on a going-forward basis. Justice Curran will retain existing Commercial Division cases that had been filed in 2007 or before, for a period of one year, after which, to the extent still pending, they will be transferred to Justice Michalek on January 1, 2011. Practitioners with any questions about the status of a particular case should contact Justice Michalek's chambers at 845-9474 or Justice Curran's chambers at 845-9471.

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2006 News


New York County - September 8, 2006:

As indicated in a Notice to the Bar issued by the Administrative Judge of Supreme Court, Civil Branch, NY County on July 7, 2006, a new public access system will go into operation on September 15, 2006. This system will provide, at no charge, on-line access to County Clerk and court data and to many documents in most cases pending in New York County Supreme Court. The system can be accessed on the court's general website. Several local court rules have been issued to implement the new program. These can be found on the general site.

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2005 News


Commercial Division Statewide - December 29, 2005:

By Administrative Order of the Chief Administrative Judge of the Courts dated December 29, 2005, Part 202 of the Uniform Civil Rules of the Supreme and County Courts was amended to add a new Section 202.70 embodying standards for the assignment of cases to the Commercial Division statewide and rules of practice of the Commercial Division statewide. These new standards and rules, which are effective January 17, 2006, are set forth on the home page of this website.

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Commercial Division Statewide - November 2005:

The tenth anniversary of the establishment of the Commercial Division of the State of New York was observed at a ceremony held at Lincoln Center in New York City on November 6, 2005. This gathering, which was sponsored by the Commercial and Federal Litigation Section of the New York State Bar Association, was attended by the Chief Judge of the State of New York, Hon. Judith S. Kaye, the Chief Administrative Judge of the State of New York, Hon. Jonathan Lippman, Justices of the Commercial Division from around the State, both current and retired, and distinguished guests.

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Albany and Erie Counties and the 7th Judicial District - January 2005:

Reassignments of Justices have occurred in Erie County and the Seventh Judicial District and will take place in Albany County on February 1, 2005. Hon. Kenneth R. Fisher has taken over the Commercial Division in the Seventh Judicial District (expanded from Monroe County) and Hon. Eugene M. Fahey has done so in Erie County. Hon. Joseph R. Cannizzaro will take over the Division in Albany.

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2004 News


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

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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

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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.

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2003 News


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

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2002 News


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).

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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.

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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.

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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.  

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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.

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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. 

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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.

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2001 News


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.

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