No Need To Wait To Tap Private Judges Under CPLR

Publication Source: The New York Law Journal

There is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available.

I read with interest the article “A Proposal for Private Judging in New York,” by David B. Saxe and James M. Catterson, March 12, 2021.

Although it was not cited in the article, a piece that I published in the New York Law Journal over four months ago alerted practitioners in New York that the CPLR already allows for the engagement of what I referred to as “private judges.” See K. Schlosser, “The Use of Private Judges: New World, New Wave?” NYLJ, Nov. 6, 2020. As I indicated, there are several advantages and benefits that currently exist under the applicable provisions of the CPLR, including allowing for flexibility and certainty afforded by private judges, the availability of expertise catered to the case at issue, avoiding the cost and bureaucracy of ADR forums, obtaining an enforceable judgment and preserving full appeal rights that arbitration does not afford.

While these CPLR provisions could be enhanced, there is no reason for practitioners and their clients to wait for the legislature to act. The mechanism of hiring a private judge is already fully available.

Click here to view New York Law Journal article on Law.com.

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Kevin Schlosser is a Shareholder at Meyer, Suozzi, English & Klein, P.C. and Chair of the firm’s Litigation and Alternative Dispute Resolution Department, which has a full roster of private judges from many disciplines of law. He also served as Chair of the Commercial Litigation Committee of the Bar Association of Nassau County.