Posts Categorized: Court Rules/Procedures

Posted: April 6, 2020

Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action

On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Cas. Co., 2020 NY Slip Op. 02116, affirmed a trial court’s refusal to dismiss an action in favor of an earlier-filed lawsuit in Delaware, explaining: Supreme Court providently exercised its discretion in denying defendants’ motions to dismiss pursuant... Read more »

Posted: April 2, 2020

New York Courts Clarify E-Filing Rules for Essential Matters

The New York State courts have issued guidance and a new form relating to the filing of papers in essential matters. That guidance provides: Non-essential matters will NOT be accepted for Filing Due to the suspension of civil statutes of limitation by the Governor’s executive order 202.8, and in accordance with administrative order AO/78/20 all... Read more »

Posted: March 22, 2020

New York Courts Prohibit Filings in Non-Essential Matters

On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no longer will accept filings in matters other than those deemed essential. In the Supreme Court, essential civil matters are: Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release MHL hearings addressing the involuntary administration of medication... Read more »

Posted: March 19, 2020

New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak

On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the New York state courts during the present crisis. The order provides: 1. Civil Litigation Generally: The prosecution of pending civil matters (including discovery) in a manner that requires in-person appearances or travel, or otherwise requires actions inconsistent with prevailing... Read more »

Posted: March 16, 2020

New York Courts Further Restrict Operations in Response to Coronavirus

Following up on his March 13 memo announcing some limitations on operations in the New York state courts, on March 15, 2020, Chief Administrative Judge Marks issued a memo implementing further restrictions. They are (emphasis added): Effective 5 p.m. on Monday, March 16, we will be postponing all nonessential functions of the courts until further... Read more »

Posted: March 15, 2020

Judges DeArcy Hall, Kovner, and Kuntz Update Their Individual Rules (Description of Changes Below)

Posted by Solomon N. Klein, Litigation Partner Judges DeArcy Hall, Kovner, and Kuntz have each updated their Individual Rules.  As a service to practitioners that are already familiar with the Judges’ rules, below are the changes of note and links to the new rules. Judge Kovner’s updated Individual Rules adds that “[i]n appropriate cases, the... Read more »