Commercial Division Judges Help Shape Procedure and Law

Publication Source: New York Law Journal

This column will review important current topics in the Long Island litigation landscape, with emphasis on the trial-level courts. In this issue, we hear personally from the justices holding down the fort in an important forum for commercial litigators, Long Island's commercial divisions, and review the inner workings of those parts.

In recognition of its role as 'one of the major centers in the world for business, finance, the professions, publishing, and many other enterprises,'1 New York in November 1995 launched a Commercial Division of the Supreme Court in the counties of New York and Monroe. After accolades from the business and commercial litigation community, commercial divisions were added in Erie, Nassau and Westchester counties in 1999 and in Albany, Kings and Suffolk counties in 2002.

In Nassau County, two experienced judges preside over the Commercial Division. Justice Leonard B. Austin has been at the helm of the Commercial Division since October 2000. In his 20 years of private practice before his election to the Supreme Court in 1998, Justice Austin focused primarily on complex commercial litigation, matrimonial and family law, personal injury and real estate matters.2 Justice Ira B. Warshawsky assumed the duties of the other Nassau County Commercial Part on Oct. 7, 2002. He has had over 30 years experience in the courts, including as an assistant district attorney, a judicial law secretary, a district court judge and, since 1997, a Supreme Court justice.3

Suffolk County's entree into the Commercial Division was inaugurated on Oct. 2, 2002, with the designation of Justice Elizabeth Hazlitt Emerson. Before being elected to the Supreme Court, Justice Emerson was a partner at Sherman & Sterling, where she represented domestic and foreign commercial banks, investment banks and corporations in acquisition financings, leveraged buyouts, restructurings, project finance and public offerings.4

Read the full article in the attached PDF.

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Kevin Schlosser is a Shareholder at Meyer, Suozzi, English & Klein, P.C., where he is Chair of the Litigation and Alternative Dispute Resolution Department which has a full roster of available private judges from virtually all disciplines of law. Mr. Schlosser also authors the popular blog, “New York Fraud Claims,” which analyzes the latest developments concerning civil fraud claims under New York law.

Reprinted with permission by the New York Law Journal.