In response to a longstanding complaint from the New York City trial
bar, court officials have approved a new rule to curtail the discretion
of Supreme Court judges to send cases down to Civil Court on the eve of
trial. The change could affect thousands of cases in NYC’s principal
trial court.
Tort lawyers have complained for years that judges commonly use their
authority to transfer cases under CPLR Section 325-d as a club to
encourage settlements at pretrial conferences. After waiting more than a
year for a trial in Supreme Court, the parties are told to settle or
their case will be sent down to Civil Court, where they can expect to
wait another two years or more to reach the trial calendar.
The full text of the new rule, plus a story explaining its importance,
have been posted on the New York Law Journal’s web site at:
http://www.nylj.com/links/part20212am.html
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Edward A. Adams mailto:edadams@ljextra.com
On-line Editor Phone: 212-545-6107
New York Law Journal Fax: 212-696-4287
http://www.nylj.com
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