On May 20, 2025, the Chief Administrative Judge of the Courts signed Administrative Order 111/25, introducing significant developments for litigators practicing in the Commercial Division. Effective July 7, 2025, the Order adds a new Appendix E – a Model Pre-Trial Order – to Section 202.70 of the Uniform Rules of the Supreme and County Courts
Starting July 7, 2025, a new Rule 23 will take effect in the Commercial Division of the New York Supreme Court, authorizing the filing of amicus curiae briefs for the first time in trial-level proceedings. This important development further cements the Commercial Division’s role—both statewide and here in Westchester—as a forward-thinking venue for resolving sophisticated
On January 28, 2025, New York State’s Chief Administrative Judge signed Administrative Order #38-2025, setting in motion significant changes for the Commercial Division’s jurisdiction over cases seeking only equitable or declaratory relief. Here’s what you need to know:
What’s Changing?
Until now, parties seeking treatment in the Commercial Division simply had to certify that their
The New York County Lawyers Association (NYCLA) recently celebrated a major milestone in the legal community, honoring the 30th Anniversary of the Commercial Division of the New York State Supreme Court. The event took place on March 4, 2025, at The Pierre Hotel in Manhattan, bringing together legal luminaries, corporate counsel, and judiciary members, including
In Pantelis P. Mestousis et al. v. Michael Saccente, Justice Gretchen Walsh of the Westchester Commercial Division denied dueling motions for summary judgment in a sprawling dispute over a failed multimillion-dollar quarry acquisition and an alleged $70,000 personal loan. The decision highlights the court’s rigorous application of summary judgment standards, particularly in the context
In Michael Cushner, M.D. v. Summit Health Management LLC, Index No. 65930/2024, Justice Gretchen Walsh of the Westchester Commercial Division issued a detailed Decision and Order addressing a motion to dismiss by defendants Summit Health, VillageMD, and City Medical. Dr. Cushner—a former orthopedic surgeon at WestMed—claims he is owed millions under his employment and
In a recent decision by Westchester Commercial Division Justice Linda S. Jamieson, the Court declined to permit a late-stage amendment to the complaint that sought to introduce new claims against an additional corporate defendant. The case serves as a noteworthy example of the court’s careful application of procedural principles and substantive corporate law doctrines—particularly regarding
Embracing Technology Disputes and Enhancing Efficiency with Referee Appointments
A recently issued Administrative Order by the Chief Administrative Judge of the Courts (AO/77/24, dated February 14, 2024) brings two important changes to the Commercial Division Rules that will affect case jurisdiction and case management.
Expanded Jurisdiction for Technology-Related Matters
What’s New?
Section 202.70(b)(1) of the
An order of attachment is a provisional remedy that prevents a defendant from disposing of assets during the pendency of an action. In cases in which a defendant disposes of property with intent to defraud creditors or frustrate the enforcement of a judgment, Article 62 of the CPLR provides a mechanism to preserve those assets.
Business litigation often involves both contract and tort claims. A fraud or negligence claim that is deemed “duplicative” of a breach of contract claim, however, will be dismissed. When is that the case? The Westchester Commercial Division and the Appellate Division, Second Department recently answered this question in Oceanview Associates, LLC v. HLS Builders Corp.,
