The Commercial Division Playbook.
Rule 202.70 Strategy.
What every practitioner needs to know about Commercial Division practice in New York Supreme Court.
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. Certain case types, such as business dissolution proceedings under BCL § 1104, are eligible regardless of the amount in controversy. 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
Page limits are enforced. Memoranda of law are generally limited to 25 pages; reply memoranda to 15 pages. 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. $250 per half-day session. 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.
Attorney Advertising. Prior results do not guarantee a similar outcome. The Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038. 212-233-0666.