Hunton Insurance Recovery Blog

The New York Commercial Division, the specialized arm of the New York State Supreme Court composed of justices experienced in handling complex civil matters, recently amended its rules to clarify how actions seeking equitable or declaratory relief will be valued for purposes of meeting the Commercial Division’s monetary thresholds. See AO/038/25 (Jan. 28, 2025).

In order to qualify for assignment to the Commercial Division, the relief sought in an action must exceed a certain monetary value, which varies from county to county. In New York County, for example, actions must meet the monetary threshold of $500,000. NYCRR 202.70(a).

The rule change clarifies how actions seeking equitable or declaratory relief are valued. Going forward, whether such actions meet the Commercial Division’s monetary threshold will be measured by the “value of the object of the action,” defined as “the value of the suit’s intended benefit, the value of the right being protected, or the value of the injury being averted, whichever is greatest.” NYCRR 202.70(b). The court will assess the value based on the Commercial Division addendum filed with the Request for Judicial Intervention, as well as the allegations in the operative pleadings when the case is sought to be assigned to the Commercial Division.

The rule change provides litigants and Commercial Division justices with much-needed guidance for evaluating the monetary value of actions seeking equitable or declaratory relief and whether such actions qualify for assignment to the Commercial Division.

For more information about the rules governing the Commercial Division, please refer to the series on this subject published by the authors in the New York Law Journal.