Publication: Commercial and Federal Litigation Section Newsletter

Message From the Chair

I write this message after an exciting summer of planning with the many hardworking co-chairs of the committees of the Commercial and Federal Litigation Section (ComFed) and as the section’s fall season of programming kicks into full gear. Let me tell you, based on my conversations with the committees and the events that already are … Continued

CPLR Amendments: 2023 Legislative Session

(2023 N.Y. Laws ch. 1- 533) CPLR Chapter (Part) (Subpart, Item, §) Change Eff. Date 105(s-1) 151 Extends repeal date to 6/30/24 6/30/23 1101(f) 55(A,14) Extends repeal date to 9/1/25 5/3/23 3102(e) 138(5) Changes “abortion services or procedures” to “legal protected health activity,” as defined in Crim. Proc. Law § 570.17(1)(b) 6/23/23 3102(e) 143(4) Adds gender-affirming … Continued

Committee Spotlight: Publications Committee: Showcasing the Knowledge, Expertise, and Contributions of Section Members

Ed.’s Note: This edition of the Newsletter features the first Committee Spotlight column, intended to introduce section members to the work of our numerous committees, inform the membership of the committee’s goals for the near future, and explain how you can get more involved. It seemed appropriate to begin with the Publications Committee, given its close ties to … Continued

2023 Amendments to the Uniform Rules for Supreme and County Courts, Rules Governing Appeals, and Certain Other Rules of Interest to Civil Litigators

(West’s 2023 N.Y. Orders 1-15; Adopted Rules on OCA website, at http://ww2.nycourts.gov/rules/comments/index.shtml; amended rules on appellate court websites) 22 N.Y.C.R.R. Court Subject (Change) Link to Order Eff. Date 202.6 Sup. Replaces “Child Victims Act” with “Adult Survivors Act” in RJI 202.70(g), Rule 2 Sup. Requires notification of settlement and discontinuance by both e-filing and letter, but … Continued

Spring Meeting 2023

Friday Evening Dinner Presentation: Remarks From The New Yorker’s General Counsel My topic tonight is the New York Times Co. v. Sullivan standard for libel cases, and recent efforts to roll it back. My bigger topic comes down to the Rule of Law and attacks on journalism. But to get there, I want to tell you a little … Continued

Smooth Moves Diversity Initiative: 16 Years Strong

For the past 16 years, Smooth Moves has been the Commercial and Federal Litigation Section’s premiere event that highlights, celebrates, and honors diverse attorneys throughout New York. On May 16, 2023, it was no surprise that the section came together in full force to honor its well-deserving recipient of the Honorable George Bundy Smith Pioneer … Continued

Proposed Rules of Interest to Civil Litigators (2022-2023)

(http://ww2.nycourts.gov/rules/comments/index.shtml) The text and the description of the proposed rule may be found on the OCA website, above. Note: The comment periods for the following proposed rules have expired, except as noted. Comments must be submitted to [email protected]. December 6, 2022: Request for Public Comment on Amending Commercial Division Rule 32 Pertaining to the Scheduling of … Continued

Observational Notes on Meet New York’s Commercial Judges: Justice Gomez, Seventh Judge–Junior Attorney Webinar

The virtual event held on April 4, 2023 marked the seventh session of “Meet New York’s Commercial Judges: By and for Junior Lawyers.” This session featured the Hon. Fidel E. Gomez of the Bronx County Commercial Division. Justice Gomez joined the division as acting justice in January 2022 and presided as Supreme Court justice beginning … Continued

Observational Notes on Meet New York’s Commercial Judges: Justice Emerson, Eighth Judge–Junior Attorney Webinar

On May 9, 2023, the Commercial and Federal Litigation Section hosted the eighth in a year-long series of monthly webinars featuring conversations between junior attorneys and Commercial Division justices throughout the State of New York. The guest for the event was Justice Elizabeth Hazlitt Emerson, who sits on the Commercial Division in Suffolk County. Structured … Continued

Observational Notes on Meet New York’s Commercial Judges: Justice Driscoll, Sixth Judge–Junior Attorney Webinar

On March 21, 2023, the Commercial and Federal Litigation Section hosted the sixth session of its “Meet New York’s Commercial Judges: By and For Junior Lawyers” series with the Hon. Timothy S. Driscoll, Justice of the Supreme Court, Nassau County—Commercial Division. Justice Driscoll received his B.A. from Hofstra Law School in 1988 and his J.D. … Continued