A recent decision from Monroe County Commercial Division Justice Daniel J. Doyle in Stuver v Greenlight Parent, L.P. demonstrates that arbitration clauses cannot be used as an automatic “get-out-of-court-free” card at the pre-answer, motion-to-dismiss stage. While arbitration clauses are enforceable contractual tools, courts still have the authority to determine whether a dispute falls within the
Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes – the Council this summer proposed to amend the Commercial Division Rules (22 NYCRR § 202.70) to clarify the types of insurance-coverage
Under Rule 37 of the Rules of the Commercial Division, the court may order a remote deposition upon (1) consent of the parties, or upon (2) a motion showing good cause.
In spite of the increasing reliance on remote depositions in the wake of the COVID-19 pandemic, a recent decision from Justice Robert R.
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, including motion practice, artificial intelligence in legal proceedings, alternative dispute resolution, and trial procedures, to name just a few.
Below are some of
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 Commercial Division of the New York State Supreme Court.
At the Gala, the NYCLA presented its highest honor – the William Nelson Cromwell Award, which was first established in 1964. This prestigious award is conferred upon individuals who have demonstrated exceptional commitment to public service. This award is named in honor of William Nelson Cromwell, one of NYCLA’s earliest and most esteemed leaders, for “unselfish service to the profession and the community.”
At the Gala, the award was presented to the Commercial Division Justices in New York State. Among those present to accept the honor were Commercial Division Justices from across New York State, including Justice Boddie of the Brooklyn Commercial Division, Justice Driscoll of the Nassau County Commercial Division, Justices Chan, Masley, and Reed of the Manhattan Commercial Division, and Justice Jamieson of the Westchester County Commercial Division.Continue Reading A Court that Means Business: Three Decades of the New York Commercial Division
Amid the hustle and bustle of the holiday season, and gearing up for the new year, the Commercial Division Advisory Council (the “Advisory Council”) was hard at work in proposing new rule changes. On December 26, 2024, the New York State Office of Court Administration issued a request seeking public commentary on a proposal, recommended
Having recently set our clocks back at the end of this year’s Daylight Savings Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY Bar event. On Wednesday, November 13, 2024, from 5:30 to 8:30 pm, the Commercial and Federal Litigation Section of the
Under CPLR 7502(c), a court in “the county in which an arbitration is pending…[is permitted to] entertain an application…for a preliminary injunction in connection with an arbitration that is pending or that is to be commenced inside or outside this state.”
A recent decision from Justice Anar R. Patel of the Manhattan Commercial Division
Sections 3102 and 3108 of the CPLR outline methods for conducting discovery, including discovery “outside” or “without” the state. But what about demands for discovery and inspection of documents located outside the country? A recent decision from Justice Robert Reed of the Manhattan Commercial Division in Bagatelle Little W. 12th LLC v. JEC II, LLC
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 [commercial] matters were addressed by the court and … to enhance the quality of judicial treatment of those cases.”
On