nycomdiv.com - New York Commercial Division Practice | New York Commercial Division | Farrell Fritz Law Firm

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Description: New York Commercial Division Practice is written by the business & commercial litigation lawyers at Farrell Fritz and offers updates on the New York Commercial Division Case Law.

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Procedure & Practice for the Commercial Division Litigator

Section 3104 of the CPLR authorizes courts to appoint a judge or referee to supervise disclosure proceedings. The appointed referee enjoys “all the powers of the court” to resolve discovery disputes. A party seeking review of a referee’s order must, within five days after the order is made, file a motion in the court in which the action is pending. Lawyers involved in supervised disclosure proceedings should be familiar with the requirements for review contained in CPLR 3104(d) . In a recent decision from N

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