Posts Categorized: Court Rules/Procedures

Posted: January 1, 2014

Opportunity to Comment on Proposed Changes to Commercial Division Rules

The rules of the Commercial Division change from time-to-time. Currently, there are four proposed rule changes open for public comment. Proposed creation of a pilot mandatory mediation program in the Commercial Division of the Supreme Court, New York County. Email comments to by February 11, 2014. Proposed adoption of new Commercial Division Rule 9,... Read more »

Posted: December 26, 2013

Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion

On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surgery, 2013 NY Slip Op. 08548, clarifying that the CPLR-mandated deadline for filing a motion for summary judgment cannot be extended simply by styling the motion as a cross-motion to a timely made motion. Kershaw involved an appeal from a... Read more »

Posted: December 5, 2013

First Department Affirms Strict Reading of Rule Requiring Stay and Notice to Retain New Counsel

On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Slip Op. 07852, strictly enforcing CPLR 321(c), the rule that provides a thirty-day stay if an attorney is removed from a case. CPLR 321(c) provides: If an attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any... Read more »

Posted: November 22, 2013

Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness

On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision in Vladeck, Waldman, Elias & Engelhard, P.C. v. Paramount Leasehold, L.P., 2013 NY Slip Op. 32908(U), sanctioning a litigant for filling a Note of Issue and Certificate of Readiness that falsely indicated that discovery was complete. In Vladeck, the... Read more »