National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

New York Mass Tort Survey

    

 

   

Mass Tort
New York
Survey Results



Tracking and/or reporting of mass tort cases

None known.

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Definition of "mass tort"

There is not a specific definition, although in the Uniform Rules for the Trial Courts, Section 202.69(b)3, “Standards for Coordination,” provides insight into the types of cases that receive coordinated treatment by Mass Tort Litigation Coordinating Panel.

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Procedural rules

Rules of the Panel are located in the Uniform Rules for the Trial Courts, Section 202.69(b)3.


Commercial Division Uniform Rules, § 202.70. This section addresses various aspects of commercial litigation, including motion practice, electronic discovery, pre-trial conferences, temporary restraining orders, and trial scheduling.


The asbestos docket in Monroe County's Seventh Judicial District generally adheres to the Uniform Rules for the New York State Trial Courts, but supplements them with guidelines.

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Statutes

None known.

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Case law

None known.

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Administrative orders

Supreme Court of the State of New York, In re: Seventh Judicial District Asbestos Litigation, No. 2001-012718. Case management order for asbestos cases (2003).

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Interlocutory appeal

Review by court of appeals is limited (except in special cases) to question of law. C.P.L.R. § 5501(b). For actions originating in supreme (trial) or county court, appeal may be taken to appellate division as of right from any final or interlocutory judgment, except one entered subsequent to order of appellate division itself which disposes of all issues. C.P.L.R. § 5701(a). 

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Infrastructure: special dockets

Pursuant to the Comprehensive Civil Justice Program 2005: Study and Recommendations, the NY State Unified Court System is actively considering establishment of a Center for Complex Litigation.


Commercial Division courts exist in Albany, Erie, Kings, Nassau, New York, Queens, Suffolk, and Westchester Counties, and in the Seventh Judicial District (Monroe, Wayne, Ontario, Livingston, Yates, Seneca, Steuben, and Cayuga Counties).


The Seventh Judicial District in Monroe County maintains an asbestos litigation docket.

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Infrastructure: task forces, commissions, or other policy-level bodies

None known.

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Case management

All courts handling mass torts utilize automated case management systems. Depending on the county where the matter is handled, DCM may be applicable.  Not all counties utilize DCM.

The asbestos docket in the Seventh Judicial District in Monroe County uses the Trial Ready Calendar.

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Technology

E-filing generally not available, unless the cases are filed in one of the several counties legislatively authorized to accept e-filing.

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Last Modified: 9/25/2006 3:58:18 PM

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