Amended cross-motion (no fee necessary)

New York’s court system is notorious for its numerous filing fees that can quickly accumulate during litigation. From the initial $210 index number fee to motion fees, jury fees, and discontinuance fees, these costs can become a significant burden for litigants. However, a recent Second Department decision provides some welcome relief by clarifying that certain procedural steps don’t trigger additional fees.

The case of Rodriguez v 2526 Valentine LLC addresses an important procedural question about when filing fees are required for amended motions. This ruling is particularly relevant for practitioners who frequently handle summary judgment motions and need to understand the fee structure for various court filings. Understanding these fee requirements is crucial for both case budgeting and ensuring compliance with procedural deadlines and requirements.

Jason Tenenbaum’s Analysis:

Rodriguez v 2526 Valentine LLC, 2015 NY Slip Op 08620 (2d Dept. 2015)

I thought that each application in Supreme Court required the paying of a filing fee. Those $45 fees and the $95 RJI really do add up. But this is New York: “death by 1000 cuts” In the federal system, a civil case number is $400. That is the only fee you pay. In New York, we start the $210 index number, $95 RJI, $45 motion fee, $30 NOI fee, $ 65 Jury fee, $35 Stip of discon fee.

But here is a case where one of the 1000 cuts is being bandaged: “Contrary to Valentine’s argument, plaintiff was not required to pay an additional filing fee when she filed her amended cross motion (see CPLR 8020).”

Key Takeaway

CPLR 8020 provides that amended cross-motions do not require additional filing fees, offering some relief from New York’s extensive court fee structure. This ruling clarifies that practitioners can amend cross-motions without incurring the standard $45 motion fee, helping to control litigation costs in an otherwise fee-heavy system.