In our last “Check the Rules” post back in December, we noted the recent additions to the Manhattan Commercial Division bench, Justices Andrew Borrok and Joel M. Cohen, and promised to report back in early 2019 on any notable practice rules in their respective Parts.
My colleague Viktoriya Liberchuk’s perceptive post last week on
Tired of printing hundreds of thousands of documents and carrying numerous boxes of documents to court? The New York Commercial Division has heard your cry. The New York Law Journal reported that the Commercial Division courts are committed to utilizing technology to help make litigation efficient and more user friendly. The Commercial Division hopes to
The enforceability of non-compete agreements remains an active issue in New York courts, and a recent Queens County Commercial Division case, Cabrita v. Vitabyte, Inc., offers a good example of how judges can be willing to rein in aggressive enforcement tactics while still leaving restrictive covenants intact.
Background
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 Administrative Board of the Courts (the “Board”). If adopted, the rule would mark another step towards the Commercial Division’s ongoing efforts
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 new Rule 6(e) to the Rules of the Commercial Division. The proposed Rule 6(e) governs the use of generative artificial intelligence (“GenAI”)
The Executive Committee of the Commercial and Federal Litigation Section of the New York State Bar Association hosted a very special guest speaker at its final meeting of 2024: The Honorable Timothy S. Driscoll from the Commercial Division of Nassau County. Justice Driscoll opened the meeting with some general points about how he runs his
As recently highlighted by this blog, on September 12, 2024, the Justices of the Commercial Division gathered in the offices of Kelley & Drye to discuss new updates and happenings in the world of the Commercial Division (“ComDiv”). The night was filled with lively discussion – leaving those fortunate enough to attend with valuable insights
It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and practitioners to account for noncompliance with either the Rules of the Commercial Division or the individual practice rules
Here at New York Commercial Division Practice, my colleagues and I have waxed poetic about New York’s Commercial Division, the nation’s first general trial court devoted exclusively to business litigation, by repeatedly extolling the benefits of practicing in a forum dedicated to and fully adept at adjudicating complex business disputes. As such, we would
On February 14, 2024, Chief Administrative Judge Joseph Zayas signed an Administrative Order amending Section 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts (Rules of the Commercial Division of the Supreme Court), and adding a new Rule 9-b to Section 202.70(g). But rather than vest the Commercial Division with new powers