by Admin Istrator | November 4, 2021 4:28 pm
The New York Commercial Division is part of the New York State Supreme Court and was created to handle complicated commercial cases in their respective jurisdictions. There are specific rules that apply for a case to be handled by the Commercial Division. These rules are as follows.
Each of the ten jurisdictions of the Commercial Division has its requirements on the amount of monetary claim that must be sought for them to handle the case. These amounts are exclusive of punitive damages, interests, costs, disbursements, and counsel fees.
The jurisdictional thresholds to qualify for the Commercial Division vary by county. Here are the limits as of 2021 within the following counties. These limits may change frequently depending on caseload.
The Commercial Division will hear cases that involve the following causes of action, provided that the monetary threshold listed above is met or if equitable or declaratory relief is sought:
Under the rules of the commercial division, the following causes of action do not have to meet the monetary threshold listed above:
Generally, the Commercial Division would not handle non-commercial causes of actions even if they meet the monetary threshold. These non-commercial causes of action may include:
Suppose a party wishes to get the case assigned to the Commercial Division. In that case, that party must do so by filing a Request for Judicial Intervention (RJI) and a completed Commercial Division RJI Addendum that certifies that the case meets the monetary threshold and one of the causes of action set by the jurisdiction. Failure to file an RJI precludes a party from seeking assignment of the case to the Commercial Division.
The parties to the complaint may also consent to the exclusive jurisdiction of the Commercial Division of the Supreme Court. Parties can do this by stating so in their choice of law or provision sections of the contract. As noted above, this is only permissible if the case has met both the monetary threshold and cause of action requirements.
The request for assignment to the Commercial Division must be made within 90 days of the services of the complaint.
If an RJI was filed within the 90-day window, but the filing party did not designate the case as “commercial,” then any other party may then request to transfer the case into the commercial division by filing a letter application to the Administrative Judge within ten days after the receipt of a copy of the RJI.
Moreover, the non-commercial division justice handling the case may request the Administrative judge to transfer the case to the commercial division, provided that it meets the money threshold and cause of action requirement.
Note that the Administrative Judge’s decision regarding this transfer is considered final and not subject to further administrative appeal.
As noted above, the Commercial Division justice handling the case may transfer a case to a non-commercial part of the court if they deem it not to meet the monetary threshold and cause of action requirement.
Moreover, a party that is aggrieved by a transfer of a case to a non-commercial part of the court may ask the Administrative judge to review the transfer by filing a letter application within ten days of the receipt of the case’s designation to a non-commercial part.
Similar to the situation listed above, the ruling of the Administrative judge regarding the transfer of the case is final and not subject to further administrative appeal.
Source URL: https://mdf-law.com/jurisdiction-of-the-new-york-state-supreme-court-commercial/
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