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
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.,
On Monday, June 8, I co-moderated a Virtual Town Hall discussion with Hon. Linda S. Jamieson and Hon. Gretchen Walsh about litigating in the Westchester Commercial Division during COVID-19 and beyond, the Court’s operations, and the methods the justices are using to move cases forward. The justices have worked very hard throughout the pandemic, and
It is not uncommon for litigants to sit on their rights and, after years have passed, argue that they are entitled to delayed accrual of their claims under the discovery rule. This was the key issue in a recent decision by Westchester Commercial Division Justice Linda S. Jamieson in Gelaj v. Gelaj, et al., Index
Join us on Monday, June 8, as Lachtman Cohen P.C. partner Brian Cohen co-moderates a Virtual Town Hall discussion with Hon. Linda S. Jamieson and Hon. Gretchen Walsh about litigating in the Westchester Commercial Division during COVID-19 and beyond.
See the invite for details: WCBA June 2020 Event Flyer
Register with the Westchester County Bar
In civil litigation, contempt is the most severe sanction available because it can subject the offender to fine or imprisonment. A motion for civil contempt was the subject of a recent decision by Westchester Commercial Division Justice Linda S. Jamieson in Matter of Prisco v. L’Aquila Realty LLC, Index No. 58654/2018, a case
In light of the COVID-19 emergency in New York State and nationwide, on March 22, 2020, Chief Administrative Judge Lawrence K. Marks directed that no papers shall be accepted for filing by a court except in “essential matters” (for example, criminal, family and domestic violence, mental hygiene, and emergency landlord-tenant).
Effective April 13, 2020, Judge
