New York’s Commercial Division has continuously taken the lead as an innovative forum, proposing rule changes that are aimed at increasing efficiency and overall effectiveness of the litigation process. In the past several years, discovery challenges surrounding electronically stored information (“ESI”) have taken center stage in a majority of cases before the Commercial Division. Understanding
Court Administration
Administering Justice Remotely in the Westchester County Commercial Division
A quick timeout this week from some of our more substantive content here at NY ComDiv Practice to report on some upcoming events and happenings in and around the Commercial Division, particularly in Westchester County…
This past Monday, during her weekly message concerning the ongoing COVID-19 pandemic and its effect on the court system (…
Amended ComDiv Rule 6: The Practice of Law at Your Fingertips (literally)
The New York Commercial Division continues to be a beacon of innovation with a recent amendment to ComDiv Rule 6, now requiring bookmarking and hyperlinking within briefs and affidavits filed with the court. The amendment is no doubt welcome news to an overburdened (and underbudgeted) court system already well-known for its efficient administration of…
ComDiv Rule 1 Amended: Request to Appear Remotely, Avoid Infection, and Save Your Clients a Buck
To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm” of virtual practice in the wake of the COVID-19 pandemic. As we observed a few months back, the…
Bidding Adieu to Another Manhattan Commercial Division Justice
The Manhattan Commercial Division lost a gem of a jurist last month when Governor Cuomo appointed Justice Saliann Scarpulla to a seat on the bench of the Appellate Division, First Department. Good for her, to be sure. But many of us ComDiv practitioners will be sorry to see her go.
Justice Scarpulla, after all,…
The Virtual Practice of Law Is Becoming More Real Than Virtual
At this point, after nearly three months of practicing law virtually from home, I think it’s fair to say that what was once novel and experimental has become a kind of new norm for the future.
Sure, state courts in New York, including the Commercial Division, have been returning slowly-but-surely to in-person operations over the…
How New York Courts Are Navigating the Coronavirus Crisis
A few weeks back, my colleague Chris Clarke reported on the response of the New York court system to the commercial chaos arising out of the COVID-19 pandemic, including in the court system generally, the Appellate Division, and of course, the Commercial Division.
Among other developments, Chris’s post highlighted Chief Administrative Judge Lawrence K. Marks’s…
Courts and Coronavirus: Temporary Rules and Procedures of New York’s Appellate and Commercial Divisions
As a result of the COVID-19 (Coronavirus) pandemic, court systems throughout the United States have had to rapidly adapt and issue temporary rules and procedures in order to keep court personnel, litigants and attorneys safe while continuing to serve their important societal function of administration of justice.
We wanted to provide a resource to readily
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Hyperlinks Requirement in the Commercial Division . . . The Latest Proposal from the Advisory Council

Following the lead of several federal courts, hyperlinks in legal briefs in the Commercial Division appear to be well on the way! The Commercial Division Advisory Council (“Advisory Council”) has announced a new proposal, which was put out for public comment, mandating hyperlinks. The proposed amendment to Rule 6 of the Commercial Division Rules …
Upgrading to Commercial Division 2.0 (Part III): ICT Comes to Queens County
*** Attention all Queens County commercial litigators: If you have a case before Judge Grays, be sure to bring an HDMI cable and a USB drive with you to court from now on! ***
One of the themes that we’ve developed on this blog over the years has been the implementation of technology in the…