On Sunday, March 22, 2020, pursuant to Administrative Order AO/78/20 of Chief Administrative Judge Lawrence Marks, the New York Unified Court System took the drastic step of suspending all filings (both paper and e-filing) in all but a select few types of cases in all New York Courts. The Order provides that: …effective immediately and until further order, no papers shall be accepted for filing by a county clerk or a court in any matter…

New York Commercial Division Round-Up Blog

Commercial Division Justices Provide Dueling Approaches to Discovery Stays in State Court Securities Litigation

By Kate Ross

August 14, 2019

In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019), Justice Andrew Borrok of the New York County Commercial Division stayed discovery pending a motion to dismiss a federal securities class action pursuant to the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), diverging from the handful of state courts that have grappled with that statute’s application since the Supreme…

New York Commercial Division Round-Up Blog

Commercial Division Denies Plaintiff’s Request for Additional Time to Serve Complaint After Plaintiff LLC Failed to Appear Through Counsel

By Jean Ripley

April 10, 2019

Pursuant to New York Civil Practice Law and Rules § 306-b, a plaintiff is required to serve a summons and complaint within 120 days of commencing an action. Although a court may grant an extension of this deadline for good cause shown or in the interests of justice, Judge Richard M. Platkin recently found that neither justified an extension of the plaintiff’s time to serve its summons and complaint in Plank, LLC v. Dutch Village,…

New York Commercial Division Round-Up Blog

Chief Judge DiFiore Announces Expansion of Commercial Division to Bronx County

By Thomas Monahan

April 9, 2019

During her annual State of Our Judiciary speech on February 26, 2019, Chief Judge Janet DiFiore announced that the Commercial Division would be expanding to Bronx County. As stated by Chief Judge DiFiore, the expansion is “in recognition of the economic resurgence taking place in the Bronx” and “the number of commercial cases filed in Bronx Supreme Civil.” Although the change was effective on April 1, 2019, the Commercial Division has yet to announce which…

New York Commercial Division Round-Up Blog

Seeking to Allege General Jurisdiction in New York? Corporate Registration is Not Enough

By Damani Sims

September 12, 2018

In Kyowa Seni, Co., Ltd. v. ANA Aircraft Technics, Co., Ltd., Docket No. 650589/2017, 2018 WL 3321410 (N.Y. Sup. Ct. July 5, 2018), Justice Saliann Scarpulla of the New York County Commercial Division joined in a long line of New York federal cases that have vitiated the registration theory of jurisdiction.…

New York Commercial Division Round-Up Blog

Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases

By Thomas Monahan & Meghan Stuer

August 1, 2018

In an effort to streamline litigation in the Commercial Division, the Commercial Division Advisory Council has continued with its revisions to the Commercial Division Rules by recently implementing one new rule encouraging early adjudication on threshold issues, and revising another rule to approve the use of technology-assisted review in discovery.…

New York Commercial Division Round-Up Blog

Commercial Division Rolls Out Four New Rules Covering Expert Disclosures, Temporary Restraining Order Requirements, Forum Selection Clauses and Trial Length

By James Salem

October 4, 2017

Four of the proposed amendments to the Commercial Division Rules, which were discussed in an earlier blog post while the rules were under consideration by the Office of Administration, were adopted over the summer and have now gone into effect in the Commercial Division.…

New York Commercial Division Round-Up Blog

Changing of the Guard in the New York County Commercial Division

By Bradley Rank

September 18, 2017

On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department. June 12, 2017 was the last day on the Commercial Division bench for both Justices. Since their departure for the First Department, Justices Singh and Oing have been missed on the Commercial Division bench, as the Court has worked to reassign their…

New York Commercial Division Round-Up Blog

New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review

By John Stigi & Christopher Bosch

March 2, 2017

In Gordon v. Verizon Communications, Inc., No. 653084/13, 2017 WL 442871 (N.Y. App. Div. Feb. 2, 2017), the Appellate Division of the Supreme Court of the State of New York, First Judicial Department (the “First Department”), reversed an order denying plaintiffs’ motion for final approval of a proposed non-monetary settlement in a shareholder class action litigation related to Verizon Communication Inc.’s (“Verizon”) acquisition of Vodafone Group PLC’s (“Vodafone”) stake in Verizon Wireless (“VZW”). With…

New York Commercial Division Round-Up Blog

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

By Bradley Rank

December 8, 2016

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner that the 2014 and 2015 updates did, they do raise important practice considerations for parties and counsel who are currently, or expect to be, engaged in practice before the Commercial Division. The Office of Court Administration is currently accepting …

New York Commercial Division Round-Up Blog

News & Updates on Cases Decided in the Commercial Division of the New York State Supreme Court

Blog Authors

The New York State Courts Have Suspended Most Court Filings as of March 22, 2020

Commercial Division Justices Provide Dueling Approaches to Discovery Stays in State Court Securities Litigation

Commercial Division Denies Plaintiff’s Request for Additional Time to Serve Complaint After Plaintiff LLC Failed to Appear Through Counsel

Chief Judge DiFiore Announces Expansion of Commercial Division to Bronx County

Seeking to Allege General Jurisdiction in New York? Corporate Registration is Not Enough

Commercial Division Rule Revisions Continue to Promote Efficiency in Complex Cases

Commercial Division Rolls Out Four New Rules Covering Expert Disclosures, Temporary Restraining Order Requirements, Forum Selection Clauses and Trial Length

Changing of the Guard in the New York County Commercial Division

New York Appellate Division Revives Non-Monetary Class Action Settlement in M&A Class Action with Revised Standard of Review

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

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