New York state courts prepare for influx of cases

The New York State court system has designated 45 judges statewide, including 12 in New York City’s five boroughs to prepare for an influx of lawsuits beginning Wednesday (Aug. 14, 2019), when a key provision of New York’s Child Victims Act takes effect.

The date marks the start of a one-year, one-time window during which plaintiffs can file claims against alleged abusers and the institutions that allegedly protected the abusers, regardless of how long ago the abuse may have occurred.

The court system recently conducted judicial training on the new law and issues frequently encountered in civil actions of this nature. New rules also were implemented to ensure the timely, consistent handling of the anticipated lawsuits.

The rules are available online at  http://ww2.nycourts.gov/rules/trialcourts/202.shtml.

The rules incorporate a recommended timeline for each case, including the scheduling of a preliminary conference within 30 days after the lawsuit is filed, with the goal that discovery is completed within a year and any trial commences shortly thereafter.

As outlined in the new rules, dedicated parts of state Supreme Court have been established in New York City and each judicial district outside the New York City to handle cases filed under the new law.

Cases will remain on the docket of the county where filed and be immediately assigned to one of five regionally-designated judges for all pretrial proceedings, including conferences and motions.

All cases filed in New York City’s five boroughs will be assigned for pretrial proceedings to Justice George Silver, deputy chief administrative judge for the New York City Courts.

Outside New York City, cases will be assigned for pretrial proceedings to four regionally-designated judges as follows: In the Third and Fourth Judicial Districts, to Justice Michael Mackey; in the Fifth and Sixth Judicial Districts, to Justice Michael V. Coccoma; in the Seventh and Eighth Judicial Districts, to Justice Deborah Chimes; and in the Ninth and Tenth Judicial Districts, to Justice Terry Jane Ruderman.

Vito Caruso, deputy chief administrative judge for courts outside New York City, will oversee this process in the regions outside New York City.

While the case is in the pretrial phase, it will also be assigned to a parallel alternative dispute resolution (ADR) track, as appropriate, to one of the designated judges for resolution by settlement.

If the case is unable to settle, it will eventually be assigned to a designated judge for trial.

Among other steps being taken to achieve consistency in the handling of these matters throughout the state, the court system is developing and adopting a case management order, as it has for asbestos-related lawsuits.