Beginning Monday, May 25, 2020, New York State Courts Will Be Accepting New Non-Essential Cases Electronically Where All Represented Parties File and Serve All Papers Electronically
New York, New York–May 20, 2020–The Honorable Lawrence K. Marks, Chief Administrative Judge of the Courts for the State of New York, wrote a memorandum to all trial court justices and judges on May 20, 2020, opening up electronic filing of new non-essential cases beginning Monday, May 25, 2020 in all New York State court actions in which represented parties file and serve all papers electronically.
The Memo stated, among other things:
Consistent with the goal of expanding court activity while maintaining appropriate standards of public health and safety, we will be taking another important operational step commencing Monday, May 25. Beginning that day, e-filing through the NYSCEF system — including the filing of new non-essential matters – will be restored in those counties of the state that have not yet met the benchmarks required to participate in the Govemor’s regional reopening plan. Those counties include the five New York City counties, Nassau and Suffolk counties, and Dutchess, Orange, Putnam, Rockland, Sullivan, UIster, and Westchester counties.
In recognition of the continued curtailment of in-court activities of court personnel and the public – and in contrast to the usual practice in consensual e-filing matters — this restoration of NYSCEF usage will be limited to cases in which represented parties file and serve all papers electronically. (Unrepresented litigants may continue to file, serve and be served papers through non-electronic means in those cases).
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Formed in 2018 by attorney Evan S. Fensterstock, a New York Rising Star business litigator for the last five consecutive years, Fensterstock, P.C. represents clients in complex, commercial litigation and employment matters in trials, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration, in cases involving breach of contract, indemnification, breach of fiduciary duty, fraud, non-competition agreements and restrictive covenants, defamation, trade secret misappropriation, shareholder derivative suits, negligence, accounting and legal malpractice, false light invasion of privacy, injunctions, and Sarbanes Oxley whistleblower actions. The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941, and Blair C. Fensterstock (1950-2017), Evan Fensterstock’s late father, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings.
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