What Is the New York
Commercial Division?
The Commercial Division is a specialized part of the New York Supreme Court that hears business disputes above a dollar threshold. It has its own rules, its own judges, and a faster, more predictable way of moving a case. This plain-English guide explains what it is, whether your case belongs there, and how it gets assigned. More than 20 years in New York Supreme Court. The Lawyer's Lawyer.
What the Commercial Division Actually Is
The Commercial Division is a division of the New York State Supreme Court dedicated to complex commercial and business litigation. It began as a pilot program in 1993 and is now established in numerous counties across the state. The justices assigned to it hear business cases and little else, which means they develop real expertise in contract, corporate, and commercial law. Practically, a case in the Commercial Division is still a Supreme Court case, but it is heard by a judge who handles these disputes every day and under a set of rules built for efficiency. To see how the Division works in practice, read our Commercial Division Playbook.
The Monetary Thresholds by County
Whether a case can go to the Commercial Division depends first on the amount in controversy, set by 22 NYCRR 202.70(a). The threshold varies by county. As of the rules in effect in 2026, the principal thresholds are: New York County 500,000 dollars; Nassau County 200,000 dollars; Kings County 150,000 dollars; Queens, Suffolk, Westchester, and the Eighth Judicial District 100,000 dollars; Bronx County 75,000 dollars; and Albany, Onondaga, and the Seventh Judicial District 50,000 dollars. The threshold is measured by the amount of compensatory damages sought, excluding punitive damages, interest, costs, disbursements, and attorney fees. For a case seeking an injunction or a declaration rather than money, the threshold is measured by the value of the object of the action, meaning the value of the right being protected or the injury being averted.
Which Cases Qualify
Meeting the dollar threshold is not enough on its own. The case also has to fall within one of the categories listed in 22 NYCRR 202.70(b). Those categories include breach of contract and business tort claims, transactions governed by the Uniform Commercial Code, business dealings involving the sale of goods or securities, shareholder derivative actions and commercial class actions, disputes over the internal affairs of business organizations, dissolution of corporations, partnerships, and limited liability companies, and disputes involving mergers, buyouts, and business dissolution. Certain of these categories, such as shareholder derivative actions, commercial class actions, and dissolution proceedings, are heard in the Commercial Division without regard to the monetary threshold.
What the Commercial Division Does Not Hear
Rule 202.70(c) lists the matters that are excluded even if they would otherwise meet the threshold. Excluded categories include most personal injury and wrongful death cases, matrimonial and family matters, most residential landlord tenant disputes, proceedings to enforce a judgment, and cases already assigned to another specialized part such as a matrimonial or tax certiorari part. The exclusions keep the Division focused on business litigation rather than consumer, personal, or family disputes. If a case does not fit, it is heard in a general Supreme Court part instead.
How a Case Gets Assigned
A party assigns a case to the Commercial Division by filing a Request for Judicial Intervention with a Commercial Division addendum, certifying that the case meets the threshold and falls within an eligible category. If the case belongs there, it is assigned to a Commercial Division justice. A party that believes a case does not belong in the Division, or belongs in it but was filed as an ordinary case, can make an application to have the assignment corrected. The assignment decision turns on the pleaded claims and the relief sought, so how the complaint is framed matters.
What Makes It Different
The Commercial Division runs on its own set of rules, found in 22 NYCRR 202.70(g), that go well beyond ordinary Supreme Court practice. They include detailed rules on the preliminary conference, limits and structure on discovery, specific rules for electronically stored information, page limits on briefs, and procedures for expert disclosure. The Division also offers an accelerated adjudication procedure that parties can opt into, committing to have the case ready for trial within nine months of discovery beginning. The combination of specialized judges and structured rules is what gives the Division its reputation for moving business cases more predictably than a general civil part.
Why It Matters to Your Business
For a business with a real dispute, the Commercial Division usually means a judge who understands the commercial context, a schedule that is enforced, and rulings that reflect a deep familiarity with New York business law. That predictability has value. It can shorten the distance to a dispositive motion, sharpen the issues earlier, and make the litigation easier to budget. Knowing whether your case qualifies, and framing it correctly at the outset, is the first strategic decision in a commercial matter. The Law Office of Frederic R. Abramson handles commercial disputes in the New York Supreme Court and its Commercial Division.
Frequently Asked Questions
What is the New York Commercial Division?
The Commercial Division is a specialized part of the New York State Supreme Court that hears complex business and commercial litigation. It began as a pilot in 1993 and now operates in numerous counties. The justices assigned to it focus on business disputes, and the Division has its own procedural rules, found in 22 NYCRR 202.70, designed to move commercial cases efficiently.
What is the monetary threshold to be in the Commercial Division?
The threshold is set by 22 NYCRR 202.70(a) and varies by county. Principal thresholds include New York County at 500,000 dollars, Nassau County at 200,000 dollars, Kings County at 150,000 dollars, Queens, Suffolk, and Westchester at 100,000 dollars, and Bronx County at 75,000 dollars. The amount is measured by compensatory damages sought, excluding punitive damages, interest, costs, disbursements, and attorney fees.
What kinds of cases can go to the Commercial Division?
Rule 202.70(b) lists eligible categories, including breach of contract and business tort claims, Uniform Commercial Code transactions, sales of securities, shareholder derivative actions, commercial class actions, disputes over the internal affairs of business organizations, and dissolution of corporations, partnerships, and limited liability companies. Some categories, such as derivative actions and dissolution, are heard without regard to the dollar threshold.
What cases are excluded from the Commercial Division?
Rule 202.70(c) excludes matters such as most personal injury and wrongful death cases, matrimonial and family matters, most residential landlord tenant disputes, proceedings to enforce a judgment, and cases assigned to another specialized part. Even a large case is excluded if it falls into one of these categories.
How do I get my case assigned to the Commercial Division?
A party files a Request for Judicial Intervention with a Commercial Division addendum, certifying that the case meets the applicable threshold and fits an eligible category under Rule 202.70(b). The case is then assigned to a Commercial Division justice. If a case is misassigned, a party can apply to have the assignment corrected. The framing of the complaint and the relief sought drive the decision.
Is the Commercial Division faster than a regular Supreme Court part?
It is often more predictable. The Division has dedicated justices, structured discovery and electronically stored information rules, brief page limits, and an optional accelerated adjudication procedure that targets trial readiness within nine months of the start of discovery. Those features tend to move business cases more efficiently than a general civil part, though the timeline still depends on the complexity of the case.
Talk to a Commercial Litigation Lawyer in New York
The Law Office of Frederic R. Abramson represents plaintiffs and defendants in commercial disputes in the New York Supreme Court and its Commercial Division, across the five boroughs, Nassau, Suffolk, and Orange counties. More than 20 years of daily courtroom experience. The Lawyer's Lawyer.
Phone: 212-233-0666 | Email: fabramson@abramsonlegal.com
Related: Commercial Division Playbook · How Long Does Commercial Litigation Take in New York · Commercial Arbitration vs. Court Litigation · Preliminary Injunctions in New York Commercial Cases · Summary Judgment in New York Commercial Litigation
Attorney Advertising. Prior results do not guarantee a similar outcome. The information on this page is general and is not legal advice. Consult an attorney about the specific facts of your matter. Law Office of Frederic R. Abramson, 160 Broadway, Suite 500, New York, NY 10038. 212-233-0666.