UR 202 Commercial Division Volume 1 Flashcards
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
The following cases are held in the commercial division: (b) Commercial cases
The Commercial Division handles cases involving business dealings, transactions governed by the Uniform Commercial Code, commercial real property, shareholder derivative actions, commercial class actions, business transactions with financial institutions, internal affairs of business organizations, malpractice by accountants or actuaries, environmental insurance coverage, commercial insurance coverage, dissolution of business entities, and applications to stay or compel arbitration.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
The following cases are held in the commercial division: (b) Commercial cases
Actions in which the principal claims involve or consist of the following will be heard in the Commercial Division provided that the monetary threshold is met or equitable or declaratory relief is sought:
(1) Breach of contract or fiduciary duty, fraud, misrepresentation, business tort (e.g., unfair competition), or statutory and/or common law violation where the breach or violation is alleged to arise out of business dealings (e.g., sales of assets or securities; corporate restructuring; partnership, shareholder, joint venture, and other business agreements; trade secrets; restrictive covenants; and employment agreements not including claims that principally involve alleged discriminatory practices);
(2) Transactions governed by the Uniform Commercial Code (exclusive of those concerning individual cooperative or condominium units);
(3) Transactions involving commercial real property, including Yellowstone injunctions and excluding actions for the payment of rent only;
(4) Shareholder derivative actions – without consideration of the monetary threshold;
(5) Commercial class actions – without consideration of the monetary threshold;
(6) Business transactions involving or arising out of dealings with commercial banks and other financial institutions;
(7) Internal affairs of business organizations;
(8) Malpractice by accountants or actuaries, and legal malpractice arising out of representation in commercial matters;
(9) Environmental insurance coverage;
(10) Commercial insurance coverage (e.g. directors and officers, errors and omissions, and business interruption coverage);
(11) Dissolution of corporations, partnerships, limited liability companies, limited liability partnerships and joint ventures – without consideration of the monetary threshold; and
(12) Applications to stay or compel arbitration and affirm or disaffirm arbitration awards and related injunctive relief pursuant to CPLR Article 75 involving any of the foregoing enumerated commercial issues. Where the applicable arbitration agreement provides for the arbitration to be heard outside the United States, the monetary threshold set forth in section 202.70(a) shall not apply.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(c) Non-commercial cases
The following will not be heard in the Commercial Division even if the monetary threshold is met
(1) Suits to collect professional fees;
(2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage;
(3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate disputes involving the payment of rent only;
(4) Home improvement contracts involving residential properties consisting of one to four residential units or individual units in any residential building, including cooperative or condominium units;
(5) Proceedings to enforce a judgment regardless of the nature of the underlying case;
(6) First-party insurance claims and actions by insurers to collect premiums or rescind non-commercial policies; and
(7) Attorney malpra
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(c) Non-commercial cases
The following will not be heard in the Commercial Division even if the monetary threshold is met
(1) Suits to collect professional fees;
(2) Cases seeking a declaratory judgment as to insurance coverage for personal injury or property damage;
(3) Residential real estate disputes, including landlord-tenant matters, and commercial real estate disputes involving the payment of rent only;
(4) Home improvement contracts involving residential properties consisting of one to four residential units or individual units in any residential building, including cooperative or condominium units;
(5) Proceedings to enforce a judgment regardless of the nature of the underlying case;
(6) First-party insurance claims and actions by insurers to collect premiums or rescind non-commercial policies; and
(7) Attorney malpra
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(d) Assignment to the Commercial Division
(1 ) (KNOW THIS!) Within ______ days following service of the complaint, any party may seek assignment of a case to the Commercial Division by filing a Request for Judicial Intervention (RJI)
(2)Parties can agree to the exclusive jurisdiction of the Commercial Division of the Supreme Court or the federal courts in New York State, and they can also agree to have New York law apply to their contract.
$90
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(e) Transfer into the Commercial Division
If an RJI is filed within the ____ day period following service of the complaint and the case is assigned to a noncommercial part because the filing party did not designate the case as “commercial” on the RJI, any other party may apply by letter application (with a copy to all parties) to the Administrative Judge, within __________ days after receipt of a copy of the RJI, for a transfer of the case into the Commercial Division.
A party can request a case transfer to the Commercial Division for good cause shown or if a non-Commercial Division justice deems it appropriate. The Administrative Judge’s decisions on these requests are final.
90…… ten
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
- If a case does not fall under the Commercial Division’s jurisdiction, it will be transferred to a non-commercial part of the court by the judge. Any party aggreived by the transfer can appeal to the Administrative Judge within___ days.
- The Administrative Judge’s decision is final.
ten
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(g) Rules of practice for the Commercial Division
The rules of this section regarding preliminary conference and motion procedure supercede the above rules stated general in 202
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
(g) Rules of practice for the Commercial Division
The rules of this section regarding preliminary conference and motion procedure supercede the above rules stated general in 202
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 1. Appearance by Counsel with Knowledge and Authority.
(a) Counsel who appear in the Commercial Division must be fully familiar with the case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Counsel should also be prepared to discuss any motions
(c) It is important that counsel be on time for all scheduled appearances.
For good cause, counsel may appear remotely
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 1. Appearance by Counsel with Knowledge and Authority.
(a) Counsel who appear in the Commercial Division must be fully familiar with the case in regard to which they appear and fully authorized to enter into agreements, both substantive and procedural, on behalf of their clients. Counsel should also be prepared to discuss any motions
(c) It is important that counsel be on time for all scheduled appearances.
For good cause, counsel may appear remotely
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 2. Settlements and Discontinuances.
If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the court by e-filing a copy of the stipulation and by a letter directed to the clerk of the part along with notice to chambers via telephone or e-mail. This notification shall be made in addition to the filing of a stipulation with the County Clerk.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 2. Settlements and Discontinuances.
If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the court by e-filing a copy of the stipulation and by a letter directed to the clerk of the part along with notice to chambers via telephone or e-mail. This notification shall be made in addition to the filing of a stipulation with the County Clerk.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 3. Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case.
a: The court or counsel can request an uncompensated mediator or neutral evaluator to help resolve the case, and counsel are encouraged to collaborate on choosing a suitable mediator or evaluator. Additionally, counsel can agree to a summary jury trial.
b: Counsel can jointly request a separate settlement conference before a different justice, which will be granted at the assigned justice’s discretion based on its benefit to the parties and the court. If granted, the assigned justice will arrange for a “settlement judge.”
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 3. Alternative Dispute Resolution (ADR); Settlement Conference Before a Justice Other Than the Justice Assigned to the Case.
a: The court or counsel can request an uncompensated mediator or neutral evaluator to help resolve the case, and counsel are encouraged to collaborate on choosing a suitable mediator or evaluator. Additionally, counsel can agree to a summary jury trial.
b: Counsel can jointly request a separate settlement conference before a different justice, which will be granted at the assigned justice’s discretion based on its benefit to the parties and the court. If granted, the assigned justice will arrange for a “settlement judge.”
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 4. Electronic Submission of Papers.
In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 4. Electronic Submission of Papers.
In cases not pending in the New York State Courts Electronic Filing System, the court may permit counsel to communicate with the court and each other by e-mail.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 5. Information on Cases.
Information on future court appearances and case developments can be found at the court system’s eCourts site (www.nycourts.gov/ecourts).
Neither the court nor the _______ will be responsible for notifying the parties of scheduled court appearances, although the court or the court clerk may do so at their discretion.
court clerk
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 6. Form of Papers.
(a) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101and section 202.5(a). Papers shall be double-spaced and contain print no smaller than _____ or _______ inch paper, bearing margins no smaller than _____ inch.
All text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface.
Each electronically-submitted memorandum of law and, where appropriate, affidavit and affirmation shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document.
(c) Hyperlinks may not provide access to documents filed under seal or otherwise not in the public record. Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked.
The Court may require hyperlinks in electronically submitted memoranda of law, but parties may be excused if they show good cause.
Responding parties must directly address each allegation in the original pleading, and the original party must provide a copy of the pleading in the same format.
twelve-point, or 8½ x 11… one
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
**Rule 7. Preliminary Conference; Request.
A preliminary conference shall be held within ___ days of assignment of the case to a Commercial Division justice, or as soon thereafter as is practicable.
Except for good cause shown, no preliminary conference shall be adjourned more than once or for more than _____ days.
If a Request for Judicial Intervention is accompanied by a dispositive motion, the preliminary conference shall take place within ____ days following the decision of such motion (if not rendered moot) or at such earlier date as scheduled by the justice presiding.
Notice of the preliminary conference date will be sent by the court at least ______ days prior thereto.
45…..30 ….. 30….. five
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 8. Consultation prior to Preliminary and Compliance Conferences.
Counsel shall consult prior to preliminary or compliance conferences and make good faith efforts to agree on matters
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 8. Consultation prior to Preliminary and Compliance Conferences.
Counsel shall consult prior to preliminary or compliance conferences and make good faith efforts to agree on matters
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 9. Accelerated Adjudication Actions.
This rule applies to all actions, except class actions, in which the parties agree to use the accelerated adjudication procedures of the Commercial Division. Parties can express their consent to this process in a contract.
§ 202.70 RULES OF THE COMMERCIAL DIVISION OF THE SUPREME COURT
Rule 9. Accelerated Adjudication Actions.
This rule applies to all actions, except class actions, in which the parties agree to use the accelerated adjudication procedures of the Commercial Division. Parties can express their consent to this process in a contract.
