A CLE was recently presented by the Columbian Lawyers Association of the First Department on February 3, 2021 to offer guidance on the latest rule changes affecting the New York State Courts and the Commercial Division in...more
Justice Craig Doran, the Administrative Judge of the Seventh Judicial District, assigned Justice J. Scott Odorisi to the Commercial Division. ...more
The Commercial Division Advisory Council recently released a memorandum describing the benefits that the Commercial Division offers to the State of New York. ...more
A party seeking to enforce a judgment against an asset of a judgment debtor that is held by a third party may petition for a turnover order through a special proceeding provided for by CPLR Article 52....more
At her annual State of the Judiciary speech held on February 26, 2019 at Bronx County Supreme Court, Chief Judge Janet DiFiore announced that the Commercial Division will be expanding to Bronx County, effective April 1, 2019....more
On February 8, 2018, Justice Shirley Werner Kornreich of the Commercial Division rejected a disclosure-only class action settlement in City Trading Fund v. Nye, 2018 BL 44689 (Sup. Ct. Feb. 08, 2018)....more
A unanimous panel of the Appellate Division, First Department recently affirmed a ruling by the Commercial Division dismissing causes of action against the ACE Group International LLC (“AGI”) brought by the estate of the...more
In Advanced 23, LLC v. Chambers House Partners, LLC, No. 650025/2016, 2017 BL 462831 (NY. Sup. Ct. Dec. 15, 2017), Justice Saliann Scarpulla of the Commercial Division ruled that Advanced 23, LLC (“Advanced”) and David...more
In Matter of Jacobs v. Cartalemi, No. 2016-05041, 2017 BL 435890 (2d Dep’t Dec. 6, 2017) (“Jacobs I”), a unanimous Appellate Division, Second Department panel affirmed an order by Westchester County Commercial Division...more
1/8/2018
/ Appeals ,
Article III ,
Business Litigation ,
Commercial Court ,
Compensation ,
Derivative Suit ,
Limited Liability Company (LLC) ,
Membership Interest ,
Operating Agreements ,
Right of First Refusal ,
Standing ,
Withdrawal Liability
In 2017, the New York Commercial Division continued to implement new rules and refine existing rules in order to streamline litigation in the court. The year also saw some key decisions by the Commercial Division as well as...more
1/3/2018
/ Amended Rules ,
Arbitration Agreements ,
Bad Faith ,
Business Litigation ,
Cayman Islands ,
Class Action ,
Commercial Court ,
Credit Default Swaps ,
Deutsche Bank ,
Limited Liability Company (LLC) ,
Litigation Strategies ,
Mandatory Arbitration Clauses ,
Operating Agreements ,
Personal Jurisdiction ,
Settlement Offer ,
Usury ,
Verizon
The Westchester County Commercial Division has launched a new state-of-the-art courtroom at the White Plains Courthouse. The Integrated Courtroom Technology (ICT) part is outfitted with high-tech features designed to ease...more
A shareholder bringing a contested derivative claim in the Cayman Islands must seek leave from the court before proceeding. This litigation prerequisite -- imposed by Rule 12A of the Rules of the Grand Court of the Cayman...more
The advent of large electronic productions has propelled a proposal to adopt new language in the standard confidentiality order used in the Commercial Division. This proposal is designed to protect parties against...more
As reported in this blog on July 24, 2017, the Administrative Board of the New York Unified Court System has been considering a proposal to pilot a “Large Complex Case List” in the New York County Commercial Division. On...more
On October 11, 2017, Chief Administrative Judge Lawrence Marks amended Rules 10 and 11 of Section 202.70(g) (“Rules of Practice for the Commercial Division”) with respect to Alternative Dispute Resolution (“ADR”)....more
What does the contractual term “voting power” mean? Does it refer only to the power to elect corporate directors, or does it refer to the power to vote on any fundamental matter of corporate governance? Is voting power an...more
In actions brought by minority members to dissolve an LLC, a key inquiry is whether the LLC’s managers are unable or unwilling to permit or promote the LLC’s “stated purpose.” In many cases, an LLC’s operating agreement...more
Since its formation in 1995, the Commercial Division has seen an increase in the number and complexity of cases being filed. In response to this change, New York’s then Chief Judge created a Task Force on Commercial...more
In Good Hill Master Fund L.P. v. Deutsche Bank AG, No. 600858/10-2188B, 2017 BL 19363 (App. Div. 1st Dep’t Jan. 24, 2017), the First Department unanimously affirmed a judgment entered in the Commercial Division of over $90...more
1/28/2017
/ Appeals ,
Bad Faith ,
Bank of America ,
Breach of Contract ,
Commercial Court ,
Credit Default Swaps ,
Derivatives ,
Deutsche Bank ,
Hedge Funds ,
ISDA Master Agreement ,
Prejudgment Interest ,
Repurchases ,
Swap Agreements
A short new video, entitled A Forum for Business Disputes: The Commercial Division of the Supreme Court of the State of New York, has recently been released. The film was produced by the Court System’s Commercial Division...more
What is the ability of a litigant in the Commercial Division to use evidence located in the public records outside of the United States to re-open a New York court judgment?
On December 7, 2016, in Alexander Gliklad v....more
12/19/2016
/ Affirmative Defenses ,
Commercial Court ,
Consideration ,
Contract Formation ,
Credibility ,
Discovery Disputes ,
Evidence ,
Foreign Jurisdictions ,
Motion To Strike ,
Newly Discovered Evidence ,
Oil & Gas ,
Public Records ,
Russia ,
Willful Misconduct
In GSMC II 2006-GC6 Bridgewater Hills Corporate Center, LLC v. Lexington Realty Trust, Case No. 653117/2015, 2016 BL 378261 (N.Y. Sup. Ct. Nov. 2, 2016), Justice Jeffrey K. Oing of the Commercial Division denied a motion to...more
12/15/2016
/ Change of Control ,
Commercial Court ,
Condition Precedent ,
Default ,
Failure to Notify ,
Guaranteed Payments ,
Loans ,
Master Limited Partnerships ,
Mergers ,
Mortgages ,
Motion to Dismiss ,
Permitted Transfers ,
Strict Compliance