New York County
In implementation of an Administrative Order of the Chief Administrative Judge dated October 23, 2017 (AO/203/17), and pursuant to an Administrative Order of the Administrative Judge of Supreme Court, Civil Branch, New York County, a pilot program has been established in the Commercial Division of the court for the maintenance of a Large Complex Case List. A case may be designated to the List by a Division Justice if the Justice finds that a case meets the criteria for designation set out in the Order first identified herein. Applications shall be made to the Division Justice assigned in accordance with the Justice's directives.
August 16, 2018
COMMERCIAL DIVISION ADR PROGRAM
The Alternative Dispute Resolution Program of the Commercial Division, Supreme Court, Civil Branch, New York County, is seeking mediators interested in joining its Roster of Neutrals. Mediators must have 10 years of experience in commercial law. Training in mediation is also required (see Part 146 of the Rules of the Chief Administrative Judge). Mediators must have experience in mediation during the two years prior to joining the Roster, which may consist of service as a mediator elsewhere in three matters or observation of three mediations. The Program may assist otherwise-qualified mediators who seek to observe mediations to obtain opportunities to do so.
Mediators on the Roster are expected to handle at least three matters per year. Cases eligible for mediation in the Program are Commercial Division cases and commercial cases filed in the court but pending outside the Division, which may involve sums in controversy below $ 500,000.
For information about the Program and its procedures, please consult the "Alternative Dispute Resolution" link on the New York County home page of the Commercial Division website (www.nycourts.gov/comdiv).
To apply to join the Roster, please submit a letter of interest and an Application Form, which is accessible at the link listed above, to the following:
Ms. Donna Corry
Supreme Court, Civil Branch
New York County
60 Centre Street, Room 148
New York, NY 10007
May 2, 2018
After many years of judicial service, the Honorable Shirley W. Kornreich, Commercial Division Part 54, will retire from the bench in May 2018. Justice Kornreich will be succeeded as the Justice assigned to Commercial Division Part 54 by the Honorable Jennifer G. Schecter. Justice Schecter has been assigned to IAS General Assignment Part 57.
Justice Andrew Borrok has joined the court. He will take over much of the inventory of Justice Schecter's former Part 57.
The inventory of Part 54 is in the process of being transferred to Justice Schecter. Some of the pre-note cases that had been assigned to Justice Schecter in Part 57 are being transferred to Justice Margaret Chan in Part 33. The balance of the pre-note inventory of Part 57 (except for certain structured settlement cases, which will remain assigned to Justice Schecter) is being reassigned to Justice Borrok. Various post-note cases from Part 57 will remain in Justice Schecter's name until they are scheduled for regular settlement conferences. If a motion is pending or is filed hereafter in a post-note case that had been assigned to Part 57, the matter will be reassigned to the appropriate Justice.
It is anticipated that the reassignments of these cases will be completed by early June 2018. E-mail notifications of various reassignments have been sent to counsel through the New York State Courts Electronic Filing System. Further, see information about E-Track below.
Commercial Division Part 54 will remain in Courtroom 228 at 60 Centre Street after this reassignment. The telephone number of the Part will be unchanged (at 646-386-3362). Justice Schecter has moved to new Chambers (Room 626 at 60 Centre Street, phone: 646-386-4048).
The Courtroom for Part 57 will remain as it was (Room 623 at 111 Centre Street), and the phone number of the Part will remain unchanged (646-386-3657). Justice Borrok's Chambers will be in Room 326 at 111 Centre Street (646-386-4203).
Dates previously scheduled for conferences or other appearances in cases that were assigned to Commercial Division Part 54 or Part 57 and that are due to take place after the reassignments described herein will remain in effect unless otherwise directed by Justices Schecter, Borrok, or Chan. Motions in cases that have been assigned to Parts 54 and 57 and that are currently pending in the General Clerk's Office's Motion Submission Courtroom (Room 130) will be submitted to Justice Schecter, Justice Borrok, or Justice Chan in accordance with the new inventory assignments. For additional information about the status of any individual case, see the Supreme Court Records Online Library ("Scroll") (accessible on the website of this court at www.nycourts.gov/supctmanh).
Counsel are also encouraged to sign up for the court system's E-Track case-tracking service, which allows them to list with the service some or all of the firm's cases that are pending in the Supreme Court, Civil Branch, New York County, and in other counties as well. E-Track will send e-mail notifications regarding all court developments in listed cases, including reassignment of cases and rescheduling of appearances in those cases. E-Track can also provide appearance reminders. To sign up for E-Track, counsel should go to the following address:
There is no charge for the E-Track service.
April 26, 2018
Updated: May 23, 2018
Statewide - October 2017
October 11, 2017, effective January 1, 2018
New York County - February 2016
Pursuant to an Administrative Order of the Administrative Judge of the Supreme Court, Civil Branch, New York County, the Mandatory Mediation Pilot Project initiated in July 2014 has come to a conclusion as of February 1, 2016. The traditional mediation program of the Division continues, with Division Justices referring cases to mandatory mediation by an order of reference on a case-by-case basis. As part of the deliberations on the Pilot Project, the Division Justices have indicated their intention to consider seriously each and every case as a candidate for referral and have agreed to consider making such referrals in the early stages of the litigation.
New York County - July 2015
At present and until further notice, the Alternative Dispute Resolution Program of the New York County Commercial Division is not accepting or processing applications for admission to the ADR Roster, the panel of mediators. Applications that were previously submitted but have not yet been acted upon will be kept on file for future consideration.
July 9, 2015
New York County - June 2015
On June 18, 2015, a program about the Commercial Division, its past and its future, was presented at the Supreme Court, Civil Branch, New York County. An overview of the Division and its work statewide was given by Honorable Jonathan Lippman, Chief Judge of the State of New York, and Honorable A. Gail Prudenti, Chief Administrative Judge of the State of New York, offered an analysis of the Division's future. The program was supported by the Partnership for New York City, the President of which, Kathryn S. Wylde, gave welcoming remarks. Perspectives on the Division from the business community were provided by Gregory K. Palm, Executive Vice President and General Counsel of The Goldman Sachs Group, Inc., and David G. Ellen, Executive Vice President and General Counsel, Cablevision Systems Corp. Robert L. Haig, Esq., Chair of the Commercial Division Advisory Council, described new rules and procedures introduced to the Commercial Division recently upon the recommendation of the Council.
A similar meeting was held in Albany in May 2015 hosted by The Business Council of New York State, Inc.
New York County - April 2015
The Honorable Anil C. Singh has been designated to serve in the Commercial Division of the Supreme Court, Civil Branch, New York County, in place of the Honorable Melvin L. Schweitzer, whose term of office came to a conclusion at the end of 2014. More Info
Statewide - July 2014
The Chief Administrative Judge, with the advice and consent of the Administrative Board, issued an Administrative Order dated July 1, 2014. This Order makes modifications to Uniform Rule 202.70 (d) and (e), effective September 2, 2014. Within 90 days after service of the complaint, any party may file a Request for Judicial Intervention with Commercial Division RJI Addendum seeking assignment of a case to the Commercial Division. Failure to file as provided will preclude a party from seeking assignment of the case to the Division, with some exceptions, which are set forth in subdivision (e). The modified rule applies only to cases filed on or after the effective date.
New York County - June 2014
The New York County Commercial Division has established a mandatory mediation pilot project, effective July 28, 2014. Every fifth Commercial Division case in which a Request for Judicial Intervention has been filed and an assignment to a Division Justice made shall be sent to mandatory mediation pursuant to an Administrative Order of the Administrative Judge of Supreme Court, Civil Branch, New York County. The procedures governing the pilot project are set forth in the Rules and Procedures of the Alternative Dispute Resolution Program of the Commercial Division. The pilot project was recommended by the Commercial Division Advisory Council and the Chief Judge’s Task Force on Commercial Litigation in the 21st Century.
New York County - January 2014
Some changes in judicial assignments have been made effective February 3, 2014.More Info
New York County - January 2014
Chief Administrative Judge Prudenti has issued an Administrative Order that changes, effective February 17, 2014, the monetary threshold in New York County set by Uniform Rule 202.70 (a) from $150,000 to $500,000.
New York County - December 2013
CHANGE OF NAME OF COURT OFFICE
Effective January 2, 2014, the name of the Motion Support Office will be changed to the “General Clerk’s Office.” More Info
New York County - September-October 2013
The Chief Administrative Judge of the Courts issued an Administrative Order (AO 224/13), dated September 16, 2013, that designated Part 53 (Hon. Charles E. Ramos) in the Commercial Division in New York County to handle all international commercial arbitration cases before the New York County Commercial Division. The Administrative Judge for Civil Matters of the First Judicial District, Hon. Sherry Klein Heitler, issued an Administrative Order, dated October 3, 2013, that implements Judge Prudenti’s Order.
Multiple Counties - September 2013
The Chief Administrative Judge of the Courts issued an Administrative Orde, dated September 16, 2013, that sets forth the current alignment (as of October 1, 2013) of courts and counties in the electronic filing program, both within the Commercial Division and outside it (AO 222/13). This Order is accessible on the website of the New York State Courts Electronic Filing System. E-filing is mandatory in Commercial Division cases in Erie, Kings, Nassau, New York, Suffolk, and Westchester Counties.
New York County - July 2012
Important Information About Cases In Part 60 (former Justice Bernard Fried). Honorable Bernard J. Fried, Justice of the Commercial Division (Part 60), is retiring from the bench. Honorable Marcy S. Friedman, previously assigned to IAS Part 57 and to the Center for Complex Litigation, has been named a Justice of the Commercial Division, effective July 16, 2012.
New York County - February 2012
The New York County Commercial Division has changed its procedures regarding the assignment of Commercial Division cases. More Information
New York County - August 2011
Notice to the Bar regarding the new form of Request for Judicial Intervention and related procedures
New York County - February 2011
Justice James A. Yates (Commercial Division Part 49) has resigned. Justice O. Peter Sherwood has been designated to take his place in Part 49.
Justice Richard B. Lowe III has been designated the Presiding Justice of the Appellate Term. The inventory of Justice Lowe's Commercial Division Part (Part 56) has been reassigned to the other Division Justices (with some exceptions).
Effective February 9, 2011, the Commercial Division Office (with the exception of the ADR Program thereof) has relocated from Room 148 to Room 119 A at 60 Centre Street. The functions of the Office remain the same.
Secure Pass processing has moved from 60 Centre Street to 111 Centre Street (White Street entrance). Attorneys who have submitted applications that have not been processed as of February 9, 2011 should obtain their Pass or seek information at 111 Centre Street (White Street entrance).
Certain procedures regarding motions-petitions on notice returnable in the Motion Support Office Courtroom (Room 130) in hard-copy cases are changing as of March 15, 2011.
NOTICE TO THE BAR - September 2010
ADR Rules have been revised, effective September 2010, for the Alternative Dispute Resolution Program of the Commercial Division of Supreme Court, Nassau County.
NOTICE TO THE BAR - August 2010
By an Administrative Order dated July 27, 2010, Chief Administrative Judge Ann Pfau has changed the Uniform Commercial Division Rule 1 (22 NYCRR 202.70[g]) to address the discussion of e-discovery at the preliminary conference.
For the Administrative Order implementing these changes, go to: Amendments to Administrative Order - Section 202.70
NEW P.C. RULE REGARDING E-DISCOVERY - July 2010
NOTICE TO THE BAR - July 2010
By Administrative Order dated July 1, 2010, Chief Administrative Judge Ann Pfau has changed the monetary threshold for cases in the Commercial Division (see 22 NYCRR 202.70[a]) in Westchester County. The threshold has been raised from $75,000 to $100,000.
All other monetary thresholds remain the same.
For the Administrative Order implementing this change, go to: Administrative Order Amending Section 202.70.
NOTICE TO THE BAR - June 30, 2010
New York County
NOTICE TO THE BAR - April 1, 2010
New York County
Mandatory Electronic Filing in New York County commences May 24, 2010.
NOTICE TO THE BAR - March 16, 2010:
NOTICE TO THE BAR - March 12, 2010:
The Commercial Division welcomes Justice Robert J. Miller. Click on the links below to access his biographical and Part and Chambers information:
Justice Robert J. Miller - Bio | Parts & Chambers
January 21, 2010:
Commercial Division Law Report Winter 2010 Issue Now Available
NOTICE TO THE BAR - January 1, 2010:
Eighth Judicial District
Effective January 1, 2010, Hon. John A. Michalek has become the Presiding Justice for the 8th Judicial District Commercial Division, succeeding Hon. John M. Curran who served from 2007 - 2009. Justice Michalek will receive all new and incoming Commercial Division cases on a going-forward basis. Justice Curran will retain existing Commercial Division cases that had been filed in 2007 or before, for a period of one year, after which, to the extent still pending, they will be transferred to Justice Michalek on January 1, 2011. Practitioners with any questions about the status of a particular case should contact Justice Michalek's chambers at 845-9474 or Justice Curran's chambers at 845-9471.
New York County - September 8, 2006:
As indicated in a Notice to the Bar issued by the Administrative Judge of Supreme Court, Civil Branch, NY County on July 7, 2006, a new public access system will go into operation on September 15, 2006. This system will provide, at no charge, on-line access to County Clerk and court data and to many documents in most cases pending in New York County Supreme Court. The system can be accessed on the court's general website. Several local court rules have been issued to implement the new program. These can be found on the general site.
Commercial Division Statewide - December 29, 2005:
By Administrative Order of the Chief Administrative Judge of the Courts dated December 29, 2005, Part 202 of the Uniform Civil Rules of the Supreme and County Courts was amended to add a new Section 202.70 embodying standards for the assignment of cases to the Commercial Division statewide and rules of practice of the Commercial Division statewide. These new standards and rules, which are effective January 17, 2006, are set forth on the home page of this website.
Commercial Division Statewide - November 2005:
The tenth anniversary of the establishment of the Commercial Division of the State of New York was observed at a ceremony held at Lincoln Center in New York City on November 6, 2005. This gathering, which was sponsored by the Commercial and Federal Litigation Section of the New York State Bar Association, was attended by the Chief Judge of the State of New York, Hon. Judith S. Kaye, the Chief Administrative Judge of the State of New York, Hon. Jonathan Lippman, Justices of the Commercial Division from around the State, both current and retired, and distinguished guests.
Albany and Erie Counties and the 7th Judicial District - January 2005:
Reassignments of Justices have occurred in Erie County and the Seventh Judicial District and will take place in Albany County on February 1, 2005. Hon. Kenneth R. Fisher has taken over the Commercial Division in the Seventh Judicial District (expanded from Monroe County) and Hon. Eugene M. Fahey has done so in Erie County. Hon. Joseph R. Cannizzaro will take over the Division in Albany.
New York County, October 15, 2004
Recently, the press reported that a lawsuit commenced by Daniel Libeskind, the internationally known architect, against the lessee of the World Trade Center site, Silverstein Properties, Inc., seeking fees for architectural services performed in connection with the design of the site's new Freedom Tower, had been resolved. This settlement was brought about through mediation conducted by Simeon H. Baum, Esq., an experienced mediator, in the Commercial Division's Alternative Dispute Resolution Program. This resolution illustrates the benefits that can come to litigants from mediation.
New York County, May 25, 2004
By notice dated February 23, 2004, the court informed the Bar that, beginning March 1, 2004, the transfer and preliminary review mechanisms of the Guidelines for Assignment of Cases to the Commercial Division would be suspended until further notice. This is to advise the Bar that this experimental suspension will come to an end as of the close of business on May 28, 2004. Beginning June 1, 2004, the full operation of the Guidelines as written will resume. The relevant back offices will once again conduct a preliminary review for new cases and cases will not be assigned to the Commercial Division where they fail to meet the monetary threshold set forth in the Guidelines. Cases that are determined by a Division Justice to be non-commercial in nature may be transferred to a non-Commercial Part. As indicated in the February 23 notice, the Division will study the effects of the suspension and, after input from the Bar, may make permanent adjustments to the Guidelines. Notice will be provided if any such revisions are made.
Dated: May 25, 2004
JOHN F. WERNER
CHIEF CLERK AND EXECUTIVE OFFICER
New York County, February 5, 2004
RULES OF THE JUSTICES REVISED AND REPOSTED
Revised Rules of the Justices of the Commercial Division, Supreme Court, NY County, effective February 9, 2004, have been posted on the website of the Commercial Division.
New York County - - New Court Fees
Effective July 14, 2003, increases will go into effect for certain court fees in Supreme Court, Civil Branch, and certain new fees will be introduced. The fees that may be relevant in the Commercial Division are as follows:
Index Number - $ 210
Request for Judicial Intervention - $ 95
Note of Issue - $ 125
Note of Issue (RJI fee previously paid) - $ 30
Jury Demand - $ 65
Notice of Appeal - $ 65
Filing of a Motion - $ 45
Filing of a Cross-Motion - $ 45
Filing of a Stipulation of Settlement - $ 35
Filing of a Stipulation of Discontinuance - $ 35
Amendments to CPLR 2104 and 3217 require the defendant to file with the County Clerk a stipulation of settlement or a notice, stipulation or certificate of discontinuance.
As mandated by the Legislature, the court will do its best to see to it that the required fees are paid. At the same time, as the purpose of the legislation was solely to generate funds, the court will seek to enforce the new regime in a way that avoids the loss of rights for any party.
Fees on Motions and Cross-Motions
The legislation shall be implemented as follows with regard to motions and cross-motions:
– The new motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. Similarly, an ex parte application for pre-action disclosure (CPLR 3102 (c)) would not require payment of the motion fee because it requires an index number fee and commences an "action" for this purpose. However, any motions made after the initial applications in these situations would require payment of the motion fee. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. Uncontested matrimonial matters do not require payment of the motion fee.
– The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required.
– The fee must be paid on post-judgment motions and cross-motions made in writing.
Procedures for the Handling of Motions/Cross-Motions
Attorneys making motions by notice of motion should present the papers to the Motion Support Office (Room 119, 60 Centre Street) in the first instance. The staff of that office will inspect the papers for form and, if they are satisfactory, mark them indicating that they are acceptable for filing. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective and will be rejected (e.g., motions lacking proof of service or noticed for the wrong date). The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse. When the fee is paid, the County Clerk will place on the front of the notice of motion proof of payment in the form of a cashier’s receipt stamp. This will be similar to the process now followed with Requests for Judicial Intervention. The filer should then return to the Motion Support Office and deliver the papers. The Motion Support Office will not accept motions that do not bear the cashier’s receipt stamp but will require the procedure just described to be followed.
The same process should be followed with cross-motions except that, after preliminary review in Room 119 and the obtaining of the cashier’s receipt stamp, the papers should be delivered to the Motion Support Office Courtroom (Room 130) on the return date. The staff of the Motion Support Office Courtroom will not accept cross-motions that lack the stamp; once the Motion Support Office (Room 119) has approved the cross-motion for form and so marked the papers, the filer must pay the fee and return to the Courtroom to hand in the papers. The Motion Support Office will accept the cross-motion bearing the cashier’s receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call (and also, of course, that the papers were timely served and are in compliance with the procedures of the Courtroom).
The staff in court Parts will likewise accept cross-motions on the call of the calendar in the Part only if they bear proof of payment of the fee in the form of the cashier’s receipt stamp.
Attorneys who seek to present to the Ex Parte Office (Room 315) or the Commercial Division Support Office (Room 148) orders to show cause or ex parte applications for which a motion fee is required should obtain preliminary approval from the Office, pay the motion fee and receive a cashier’s receipt stamp on the papers from the County Clerk in Room 160, and then submit the papers to the one or the other Office.
Stipulations of Settlement or Discontinuance
The recent legislation introduced fees for the filing of stipulations of settlement and stipulations of discontinuance. Stipulations of partial discontinuance of an action require payment of the fee. The legislation has placed upon the defendant the obligation to file these documents. This court will continue, as in the past, to accept letters and signed responses to case inquiries informing us that a case has been settled and we will mark cases accordingly in our computer system. We will also continue to mark cases as settled as in the past when a settlement is reached in our Neutral Evaluation Program (informally known as "Mediation"), just prior to or during jury selection, or before a Justice. When stipulations of settlement or stipulations of discontinance are filed, however, they must be accompanied by a check or other approved form of payment for the required fee ($ 35). These stipulations accompanied by proper payment should be delivered to the Cashier of the County Clerk (Room 160). The County Clerk will thereafter transmit these stipulations to the Trial Support Office (Room 158) so that the court can confirm that the court’s computer has been marked to reflect the disposition. The County Clerk will expect to receive payment when these stipulations are filed regardless of which party is doing the filing; the parties should resolve between themselves the final responsibility for the fee.
Methods of Payment
The New York County Clerk will accept payment of fees only in cash, or by Visa or MasterCard credit cards, New York attorneys’ checks, certified checks, or postal money orders. All Supreme Court, Civil Branch, NY County fees shall be made payable to the New York County Clerk.
Should further information about the new fees become available or if any modifications are made in the foregoing principles or procedures, notice will be posted on this website. The Bar is requested to follow this site for such information.
Dated: July 10, 2003
Kings County, December 2002
Effective December 2, 2002, a branch of the Commercial Division opened in Kings County. The Division Justices are Honorable Ariel Belen (Part 1) and Honorable Carolyn Demarest (Part 2).
Nassau County, October 2002
The Rules of the Justices of the Commercial Division in Nassau County have been revised. Rules 4 (a) and 15 (b) have been added and Rule 19-a has been adopted effective January 1, 2003. Rules 30-33 have been renumbered with minor changes. Rules 15, 25, 27, and 28 have been substantively amended.
Nassau County, October 7, 2002
The Honorable Ira B. Warshawsky has been designated to serve as a Justice of the Commercial Division in Nassau County.
Suffolk County, October 2, 2002
A branch of the Commercial Division has opened in Suffolk County. Honorable Elizabeth H. Emerson has been designated to preside.
Albany County, May 7, 2002
A branch of the Commercial Division opened in Albany County on May 7, 2002. Honorable Louis C. Benza has been designated to preside.
New York County, May 3, 2002
Rule 19-a of the Consolidated Rules of the Justices has been revised. The revisions are shown in upper case print in the Rules as posted on this site. The revisions are effective June 1, 2002.
New York County, February 20, 2002
The Consolidated Rules of the Justices of the Commercial Division in New York County have been revised to include a new Rule 19-a, the effective date of which is April 1, 2002.
In December 2001, the New York County Lawyers' Association paid tribute to the Commercial Division by honoring the Commercial Division Justices at its 87th Annual Dinner.