As a former justice in the Commercial Division of New York state courts, I found that a surprising number of attorneys did not understand the procedures, expectations of judges, or the culture of the court, which differ in some respects from federal courts or non-commercial parts of the state system. This article offers suggestions to legal practitioners who, by all rights, should take better advantage of the division.
In the early 1990s, the business community complained that New York state courts were not handling commercial matters in an expeditious manner. Attorneys generally preferred to commence such matters in the federal courts when possible. At that time, commercial matters were placed on general calendars in New York courts, sharing those calendars with all types of cases. Judges were often flooded by personal injury and negligence matters, and many lacked both the experience and the inclination to devote much time to commercial cases.
