Committee Reports

Comments in opposition to proposed Preamble, Rules 25-33

REPORT

David Nocenti, Esq.
Counsel
Office of Court Administration
25 Beaver Street, 10th Fl.
New York, NY 10004
rulecomments@nycourts.gov 

Re: Comments in opposition to proposed Preamble, Rules 25-33

Dear Mr. Nocenti:

Thank you for giving us the opportunity to comment on the proposal by the Commercial Division Advisory Council (CDAC) to add a preamble before Rules 25-33 of the Rules of the Commercial Division of the Supreme Court.  The Council on Judicial Administration and the State Courts Committee of the New York City Bar Association are comprised of attorneys across a broad spectrum of the legal profession, with many members who litigate commercial matters.  We understand that the preamble was proposed with the intent of further articulating the philosophy behind Rules 25-33 in order to increase understanding and compliance by litigants and attorneys.  In our view, however, the proposed preamble is flawed; it is unnecessary, at best, and confusing, at worst.  We also are concerned that, if adopted, parties or their lawyers may attempt to use the preamble to undermine rather than to buttress compliance with Rules 25-33.  Since the proposal is not a rule change, and since it may actually increase confusion about the rules, we recommend that it not be adopted.

Please feel free to contact us if we can be of any further assistance.

Respectfully,

Fran R. Hoffinger, Chair
Council on Judicial Administration

Amy D. Carlin, Chair
State Courts of Superior Jurisdiction Committee