Photo of Madeline R. Greenblatt

Piggybacking off of the success of its 2022 and 2023 lecture series, the Commercial Division Advisory Council held its third annual lunchtime Zoom lecture series during June for summer interns working with Commercial Division Justices, summer associates at law firms, and this year expanding it to lawyers and bar associations worldwide. The stated goal of the series was to educate the future lawyers and others about the Commercial Division and commercial practice, the wide variety of cases that come before the Commercial Division, and the value of clerking, interning, and litigating in the Commercial Division.

At these lunch-and-learns, those who zoomed in were fortunate enough to learn about essential litigation topics from the following distinguished speakers:

Date Topic Speakers
June 6, 2024 Motion Practice Hon. Joel M. Cohen
Robert J. Giuffra Jr.  
June 12, 2024 Written and Electronic Discovery Hon. Margaret A. Chan
Hon. Richard Platkin
Lynn K. Neuner
Linton Mann III
George S. Wang  
June 18, 2024 Depositions Hon. Timothy S. Driscoll
Hon. Andrea Masley
Roberta A. Kaplan
Timothy S. Martin
John C. Quinn  
June 26, 2024 Trials Hon. Robert R. Reed
Loretta E. Lynch
Daniel J. Toal

By now, you are likely fully aware that we litigators at Farrell Fritz are huge proponents of the Commercial Division, and so we jumped at the opportunity to introduce our summer interns to its virtues through this lecture series.Continue Reading Commercial Division Offers Zoom Lunches That Pack Punches

Commercial litigants often seek the provisional and equitable remedy of a preliminary injunction under Article 63 of the CPLR to protect the client’s rights that are difficult to monetize and quantify. The relief sought typically involves a party restraining from certain conduct and maintaining the status quo where it “appears that the defendant threatens or

The COVID-19 pandemic has unsurprisingly resulted in many people in the business community, including lawyers, transacting business remotely. With that uptick comes more contracts utilizing electronic signatures and remote depositions and notarizations. Not only is the use of an e-signature generally more convenient for the parties involved in a transaction, but an e-sig provides many more layers of security and protection from claims of forgery than a wet-signature because the process requires the user to confirm her identity to bind her signature to that identity through a digital certificate.

So what happens when there’s a contractual dispute, and one of the parties is seeking to enforce a contract while the counterparty is claiming that its electronic signature has been forged? On October 26, 2023, Justice Daniel J. Doyle of the Monroe County Commercial Division dealt with just that in  AJ Equity Group LLC v Office Connection, Inc., in which he held that the defendant’s mere denial that she e-signed an agreement was not sufficient to dismiss a breach of contract claim, but also that the plaintiff was not entitled to summary judgment on its breach claim for failure to explain the relevance and significance of the signature certificate showing that the electronic signature was valid.Continue Reading The Evidence Behind E-SIGS

As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case.  But getting to know your judge – including the judge’s individual preferences and style – may be

An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine.  A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for public comment on October 27 by the Office of Court Administration, seeks to amend Commercial Division Rule 27 in order to provide

When the Court orders you to attend a Continuing Legal Education (CLE) class on civility “for the harm [you’ve] done to the [legal] profession”– not to mention issues you five-figures in sanctions – you know you’ve done something very, very wrong.  And that’s exactly what happened last month when Manhattan Commercial Division Justice Andrea Masley

As we’ve mentioned time and again on this blog, since its inception in 1995, New York’s Commercial Division has continued to not only be a leader in developing and shaping commercial law, but it is also on the forefront of instituting rules with the goals of fostering litigation efficiency, cost reduction, and implementation of technology

A reminder to practitioners: when a contract is unambiguous, the submission of a hurricane of extrinsic evidence to “interpret” it on a pre-answer motion to dismiss won’t fly.

A breach of contract action brought against Robert Zimmerman a/k/a Bob Dylan and Universal Music seeking to capitalize on the widely-reported blockbuster sale of Dylan’s 600-song catalog