The Commercial Division Playbook.
Rule 202.70 Strategy.
The Commercial Division of New York Supreme Court is governed by Rule 202.70, which sets county-specific monetary thresholds and applies a separate set of procedural rules at 22 NYCRR 202.70(g). Cases that meet the threshold are assigned to dedicated Commercial Division justices and proceed under stricter discovery, motion practice, and electronic filing requirements than the standard IAS parts. 28 years of courtroom experience. The Lawyer’s Lawyer.
What Is Rule 202.70?
Rule 202.70 establishes the specialized rules for the Commercial Division of New York Supreme Court. Cases that meet the monetary threshold are assigned to dedicated Commercial Division justices who handle complex business litigation under a distinct set of procedural requirements that differ from the standard IAS parts.
Practitioners who treat the Commercial Division like any other IAS part will quickly learn otherwise. The Commercial Division has its own rules on discovery, electronic filing, motion practice, and pre-trial procedures. Failure to comply with these rules is not treated as a minor oversight.
Monetary Thresholds.
Assignment to the Commercial Division is not automatic. Cases must meet minimum monetary thresholds that vary by county:
| County | Minimum Amount |
|---|---|
| New York County | $500,000 |
| Kings, Queens, Bronx, Richmond | $150,000 |
| Nassau | $200,000 |
| Suffolk | $100,000 |
| Westchester | $100,000 |
These thresholds apply to commercial claims. Confirm current thresholds with the court, as these are periodically updated.
Key Differences from Standard IAS Practice.
Preliminary Conferences
The Commercial Division preliminary conference is substantive. Judges will set a detailed discovery schedule, address anticipated motion practice, and establish deadlines for expert disclosure. Come prepared with a proposed discovery plan and realistic timeline. Do not expect a routine adjournment.
Discovery
Interrogatories are limited and disfavored. The Commercial Division relies heavily on document production and depositions. Electronically stored information (ESI) protocols must be addressed early. Rule 202.70(g) requires parties to confer on ESI issues before the preliminary conference.
Motion Practice
Length limits are enforced, and since October 1, 2018 they are word limits rather than page limits. Rule 17 caps a memorandum of law in chief at 7,000 words and a reply at 4,200 words. Sur-reply submissions require leave of court and are rarely granted. Letter motions on discovery disputes are expected before filing formal motions.
Expert Disclosure
Expert disclosure in the Commercial Division follows the CPLR 3101(d) framework but with heightened expectations. Judges expect detailed expert reports and will scrutinize Daubert-style challenges closely.
Practitioner Strategy.
The Commercial Division is a different environment from general IAS practice. Judges are experienced business litigators who expect sophisticated advocacy. A few practical considerations:
- Read the specific Part Rules. Each Commercial Division justice has their own Part Rules in addition to Rule 202.70. These part-specific rules control scheduling, submission procedures, and courtroom protocols.
- Address ESI early. The most common avoidable problem in Commercial Division cases is failure to address ESI issues at the outset. Preservation, search terms, and production format should be discussed at or before the preliminary conference.
- Use letter motions for discovery disputes. Filing a formal motion on a discovery dispute without first submitting a letter motion will not be well received.
- Be realistic about scheduling. Commercial Division judges hold parties to deadlines. If you need an extension, request it early and with good cause. Last-minute requests are disfavored.
Need Coverage for a Commercial Division Appearance?
Our attorneys have direct experience with Commercial Division practice in New York County. We understand the procedural differences and the heightened expectations. Competitive flat rate per half-day session. Per diem services are for attorneys and law firms only. Same-day report.
For substantive appearances in the Commercial Division, we strongly recommend discussing the case with us before the appearance date so we can review the relevant papers and understand the judge’s preferences.
Phone: 212-233-0666 | Text/Emergency: 917-686-3827 | Email: fabramson@abramsonlegal.com
When your case is on the line, send someone who knows the courtroom.
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Frequently Asked Questions
What is Rule 202.70 and what does it govern?
Rule 202.70 establishes the Commercial Division of New York Supreme Court and the procedural framework that governs commercial cases assigned to it. The detailed Commercial Division Rules are codified at 22 NYCRR 202.70(g) and address discovery, motion practice, electronic filing, expert disclosure, and pre-trial procedures. The Commercial Division operates as a specialized track within Supreme Court for cases that meet a county-specific monetary threshold and fall within the categories of commercial cases described in Rule 202.70(b).
What are the monetary thresholds for the Commercial Division in New York?
Commercial Division thresholds vary by county: $500,000 in New York County (Manhattan); $200,000 in Nassau County; $150,000 in Kings County; $100,000 in Queens County; $75,000 in Bronx County; $100,000 in Suffolk County; and $100,000 in Westchester County. Richmond County has no Commercial Division. Thresholds apply to commercial claims as defined in Rule 202.70(b) and are periodically updated by the Office of Court Administration. Confirm the current threshold with the court before relying on these figures.
How does Commercial Division discovery differ from standard IAS practice?
Interrogatories are limited and disfavored. The Commercial Division relies heavily on document production and depositions. Rule 202.70(g) requires parties to confer on electronically stored information (ESI) protocols before the preliminary conference, including preservation, search terms, and production format. Letter motions are required before formal discovery motions. The preliminary conference itself is substantive: judges set detailed discovery schedules, address anticipated motion practice, and establish deadlines for expert disclosure.
What are the page limits on Commercial Division motion papers?
Commercial Division Rule 17 limits briefs by word count rather than page count, and has done so since October 1, 2018. Affirmations, affidavits, briefs, and memoranda of law in chief are capped at 7,000 words, reply memoranda at 4,200 words, and post-trial memoranda at 7,000 words. Counsel must attach a certification of the word count, and that certification is mandatory. Sur-reply submissions require leave of court and are rarely granted. Discovery disputes go up by letter motion before any formal motion is filed. Each Commercial Division justice also has Part Rules that may impose additional limits, and those Part Rules control where they differ from Rule 202.70.
How are experts handled in the Commercial Division?
Expert disclosure follows the CPLR 3101(d) framework, but with heightened expectations. Commercial Division judges expect detailed expert reports rather than the bare disclosures often filed in standard IAS parts, and Daubert-style challenges to qualifications and methodology are scrutinized closely. Expert disclosure deadlines are typically set at the preliminary conference and enforced strictly.
Do Commercial Division justices have their own part rules?
Yes. Each Commercial Division justice publishes individual Part Rules in addition to Rule 202.70. Part Rules control scheduling, submission procedures, courtesy copies, oral argument, and courtroom protocols. Where the Part Rules differ from Rule 202.70, the Part Rules govern as to that justice. Read the assigned justice's Part Rules at the outset of every case and again before any major filing.
Can a case be transferred into or out of the Commercial Division?
Yes. A case that meets the monetary threshold and falls within the categories described in Rule 202.70(b) can be transferred into the Commercial Division on motion. A case wrongly assigned to the Commercial Division can be transferred out. Transfer questions are addressed early, often at or before the preliminary conference, because the procedural rules differ in ways that affect every subsequent step.