On October 7, 2026, the Second Department issued a decision in Maranov v. Werney, 2026 NY Slip Op. 05778, holding that a court erred in refusing to consider papers that exceeded the word limits of the Commercial Division rules, explaining:
The Supreme Court determined that the plaintiff’s memorandum of law submitted in support of her motion, the defendants’ attorney affirmation in opposition thereto, the plaintiff’s reply memorandum of law, and the defendants’ attorney affirmation in support of their motion failed to comply with, as relevant, the word count limits and the word count certification provision in 22 NYCRR 202.8-b(a) and (c) and declined to consider those papers. Consequently, the court denied the plaintiff’s motion and granted the defendants’ motion as unopposed. Under the circumstances of this case, the court should have overlooked the technical defects in the parties’ papers. Accordingly, we remit the matter to the Supreme Court, Suffolk County, for a new determination on the merits of the plaintiff’s motion for summary judgment . . . .
(Internal quotations and citations omitted).