New York Litigation Update: Key Cases to Watch

As 2025 approaches, New York's civil litigation landscape continues to evolve with significant court decisions and legislative changes. This update highlights key cases and developments that will impact litigation strategy in the coming year.

Recent Court of Appeals Decisions

The New York Court of Appeals has issued several landmark decisions that reshape civil litigation practice across the state.

Contract Interpretation Standards

In Riverside Capital Advisors v. First Republic Bank, the Court clarified the standards for contract interpretation, emphasizing:

• The primacy of plain language interpretation
• Limited use of extrinsic evidence in unambiguous contracts
• Heightened scrutiny of sophisticated party agreements
• Impact on force majeure and MAC clauses post-pandemic

Personal Jurisdiction Expansion

Recent decisions have expanded New York courts' reach over out-of-state defendants:

• Virtual business presence sufficient for jurisdiction
• Broader interpretation of "transacting business" standard
• Impact on remote work arrangements
• Implications for international litigation

Commercial Division Updates

The Commercial Division continues to adapt to modern business disputes with new rules and procedures.

Expedited Proceedings

New expedited procedures for commercial cases include:

• Accelerated discovery timelines for cases under $1 million
• Mandatory early mediation for certain disputes
• Streamlined motion practice
• Enhanced case management protocols

Technology and E-Discovery

Courts are addressing challenges in digital evidence:

• Updated protocols for AI-generated documents
• Blockchain evidence authentication standards
• Social media discovery guidelines
• Data privacy considerations in discovery

Employment Litigation Trends

Employment disputes continue to evolve with changing workplace dynamics.

Remote Work Disputes

Key developments in remote work litigation:

• Jurisdiction issues for remote employees
• Wage and hour claims for home office work
• Equipment and expense reimbursement standards
• Cross-border employment law application

Discrimination and Harassment

Recent cases have expanded protections:

• Virtual harassment claims recognition
• Broader interpretation of hostile work environment
• AI bias in hiring and promotion decisions
• Intersectional discrimination analysis

Real Estate Litigation

Property disputes reflect market changes and new regulations.

Commercial Lease Disputes

Post-pandemic lease litigation focuses on:

• Good faith obligations in lease modifications
• Frustration of purpose doctrine limitations
• CAM charge disputes and audit rights
• Assignment and subletting in hybrid work era

Construction Litigation

Notable trends in construction disputes:

• Supply chain delay claims and remedies
• Force majeure interpretation for material shortages
• Green building compliance disputes
• Mechanic's lien priority in complex projects

Class Action Developments

Class action practice faces new challenges and opportunities.

Data Breach Litigation

Evolving standards for data breach class actions:

• Standing requirements post-TransUnion
• Damages calculations for data exposure
• Settlement valuation of identity monitoring
• Regulatory compliance as defense strategy

Consumer Protection

Expanded consumer class action theories:

• Algorithmic pricing challenges
• Subscription auto-renewal disputes
• Greenwashing and ESG claims
• Digital privacy violations

Appellate Practice Changes

The Appellate Division has implemented significant procedural updates.

Electronic Filing Expansion

• Mandatory e-filing in all departments
• Digital brief requirements and formatting
• Virtual oral argument options
• Electronic service protocols

Expedited Appeals

• Accelerated briefing schedules available
• Interim relief standards clarified
• Interlocutory appeal criteria expanded
• Settlement conference programs enhanced

Legislative Updates

Recent statutory changes affecting civil litigation:

Statute of Limitations

• Extended limitations for certain tort claims
• Discovery rule modifications
• COVID-19 tolling provisions expiration
• Revival windows for time-barred claims

Damages and Remedies

• Prejudgment interest rate adjustments
• Punitive damages standards evolution
• Attorney's fee shifting expansions
• Structured settlement regulations

Practice Tips for 2025

Key strategies for successful litigation in the coming year:

1. Early Case Assessment: Utilize data analytics for outcome prediction
2. Alternative Dispute Resolution: Consider mandatory mediation requirements
3. Discovery Planning: Address AI and technology issues upfront
4. Motion Practice: Focus on efficiency under new rules
5. Settlement Strategy: Leverage new court settlement programs