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In a recent decision in Amos Fin. LLC v. Crapanzano, et al., the New York Supreme Court, Rockland County, addressed one of the new Uniform Rules that went into effect on February 1,...
In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal...
To embed, copy and paste the code into your website or blog: On December 4, 2020, the Administrative Board of the Courts sought public comment on the Commercial Division Advisory Council’s (“CDAC”) proposed amendment to Commercial Division Rule 3(a), 22 NYCRR § 202.70(g).[1] The current language of Rule 3 permits the court to direct, or for counsel to seek, the appointment of an uncompensated mediator for the purpose of mediating a resolution of all or some issues presented in the litigation.[2] The CDAC’s Rule 3(a) proposal would “permit the use of neutral evaluation as an [alt...
In December 2020, the New York Law Journal commented on the measures the New York State court system would enact to handle the recent $300 million budget cut. These measures included “adopting a strict hiring freeze, deferring raises, suspending countless programs, and declining to extend the judicial service of 46 retired trial and appellate judges.” This was a difficult decision to be sure, but the alternative could have been catastrophic: the layoff of over 300 employees. Given the combination of the court system’s shrinking workforce and the existing backlog of cases, New York...
(see Fed. R. Civ. P. 30(b)(4)). The dramatic increase in use, comfort level, and apparent permanency is a direct result of the pandemic. Indeed, the vision of the Commercial Division Advisory Council (“CDAC”) is to ensure that the Commercial Division remains at the forefront of this trend. In September 2020, the CDAC sought to adopt a new Commercial Division Rule that would expressly authorize and regulate the use of remote depositions (the “ Remote Deposition Proposal”). The Remote Deposition Proposal seeks to provide further guidance on what is considered undue hardship, a stand...