Blogs

Posts Categorized: Court Rules/Procedures

Posted: July 10, 2014

Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division

The Office of Court Administration has asked for public comment on a proposed change to the Joint Rules of the Appellate Division. The proposed new rule would require law firm engagement letters to inform clients about the ADR programs available on the Unified Court System’s website. E-mail comments to rulecomments@nycourts.gov by September 8, 2014. NOTE:... Read more »

Posted: July 9, 2014

Notarization by Consular Official Meets CPLR 2309 Authentication Requirement

On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokolowski v. Wodkiewicz, 2014 NY Slip Op. 31709(U), holding that notarization by a consular official met the authentication requirements of CPLR 2309. In Sokolowski, the parties were litigating over the assets of a partnership. One procedural issue that arose in deciding... Read more »

Posted: June 27, 2014

Foreign Statute of Limitations Does Not Apply in Actions Brought Under CPLR § 205(a)

On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 NY Slip Op. 04802, clarifying the interplay between CPLR § 202, the “borrowing statute,” and CPLR § 205(a), the “savings statute.” CPLR § 202 provides that, when a cause of action accrues outside New York, the applicable statute of limitations... Read more »

Posted: June 26, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. The proposed new rule would add a preamble to the Commercial Division Rules that (a) acknowledges the problems caused by dilatory tactics and counsel who fail to appear for conferences, (b) directs litigants and... Read more »

Posted: June 23, 2014

Commercial Division Rules Amended to Add Rules Regarding Interrogatories

The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by adding a new rule relating to interrogatories. The new rule, Rule 11-a, which took effect on June 2, 2014, provides: Rule 11-a. Interrogatories. (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary... Read more »

Posted: June 19, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. The proposed new rule would “establish a presumptive limit of 10 depositions for each side and limit the duration of depositions to seven hours per witness.” E-mail comments to rulecomments@nycourts.gov by August 19, 2014.

Posted: June 10, 2014

Boilerplate Affirmative Defenses are Subject to Dismissal

On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazon Properties US, LLC v. Park Avenue Bank, 2014 NY Slip Op. 50862(U), dismissing boilerplate affirmative defenses. In Amazon Properties, the plaintiff sued for “breach of contract, breach of the implied covenant of good faith and fair dealing, interference... Read more »