Topic
Motion Practice
41 published works
Westchester Commercial Division Blog
Less Motion Practice, More Cooperation: New Amendments to Commercial Division Rule 14
By Brian Cohen
Discovery disputes have long been a source of frustration for litigants, attorneys, and courts alike. As the New York State Commercial Division Advisory Council recently observed, “[d]iscovery disputes were viewed…
A Brief Review
Should You File a Motion for Articulation in Connecticut? Strategic Considerations on Appeal
By Megan Wade
“Should I file a motion for articulation?” That is one of the most common appellate questions I hear from trial attorneys. And like most appellate questions, the answer is: it…
Chicago IP Litigation
Sidebar with Judge Kim – Effective Motion Practice: Best Practices in Federal Court
On April 17, 2026, from 12:00 p.m. to 1:00 p.m., the Asian American Bar Association of Chicago (AABA Chicago) in collaboration with the U.S. District Court for the Northern District…
Commercial Case Notes
Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion
By John Lundin
On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer…
Commercial Case Notes
Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground
By John Lundin
On January 6, 2026, the First Department issued a decision in Valley Natl. Bank v. Community Prot. Church of Co-op City, Inc., 2026 NY Slip Op. 00036, holding that a…
Southern California Appellate News
9th Cir. survey re motions
The Appellate Lawyer Representatives to the Ninth Circuit are conducting a new survey of practitioners, this time focused on motions practice. The results will be presented to the Judges of…
Commercial Case Notes
Court Denies Motion for Directed Verdict Because of Unresolved Questions of Fact
By John Lundin
On April 11, 2025, Justice Masley of the New York County Commercial Division issued a decision in Beach v. Touradji Capital Mgt., LP, 2025 NY Slip Op. 31321(U), denying a…
New York Commercial Division Practice
Behind the Bench: An Evening with the Westchester Commercial Division Justices
By Matthew D. Donovan, Viktoriya Liberchuk, Serene E. Carino
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…
New York Commercial Division Practice
A Good Lawyer Knows the Law; A Great Lawyer Also Knows the Local Rules
As readers of this blog are well aware, we here at New York Commercial Division Practice take great pride in posting about proposed or amended rules of practice in the…
New York Commercial Division Practice
Return to Sender: Commercial Division Issues Warning Regarding the Fatal Consequences of a “Short Return Date”
As readers of this blog no doubt are aware, clients sometimes take a “shoot first, ask questions later” approach during the early stages of litigation. This is especially true when…