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 »
Blogs
Posts Categorized: Court Rules/Procedures
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 »
SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our readers (and we) also practice in the federal courts. Here is an update on recent orders relating to operations in the SDNY and EDNY, the most significant of which is yesterday’s order significantly limiting operations in... Read more »
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 »
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 »
State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to their operations in response to the COVID-19 crisis. The order provides: Court facilities at 71 Thomas Street and 80 Centre Street, including the Public Access Law Library, are closed to the public; The court will hear only essential applications –... Read more »
Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relating to the COVID-19 crisis.
First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have provided: First Department: IT IS HEREBY ORDERED that with the exception of matters perfected for the May 2020 and June 2020 terms of this Court, all perfection, filing and other deadlines set forth by any order of this Court, Rules... Read more »
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 »
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 »