Richard M. Platkin
How Judge Platkin rules, drawn from 26 signed orders. Every observation links to the order it came from.
About Judge Platkin
Richard M. Platkin is a New York Court of Claims judge designated to serve as an acting Supreme Court justice in Albany County. He joined the Court of Claims in December 2006 after serving as counsel to Governor George E. Pataki. He graduated from Rensselaer Polytechnic Institute and Albany Law School.
Judge Platkin's practices and standing orders
The court's website lists no individual practices or standing orders of Judge Platkin's own (checked October 11, 2026), so the court's local rules and general orders are the place to look (court page ↗).
How Judge Platkin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Cyprium Therapeutics v. Curia Global, Platkin denied the requested sealing of commercial records. He found the movant's general claims of competitive harm and damaged customer relationships no more compelling than claims common to many Commercial Division disputes.
“Precisely the same boilerplate invocations of competitive harm and damage to customer relationships could be made in many of the disputes litigated in the Commercial Division, yet sealing is the exception and not the rule, reserved only for the most compelling circumstances.”
In Matter of Rayner, Platkin dismissed a FOIL petition seeking technical records about the COMPAS-NY parole risk assessment. He found its underlying technology was a trade secret, and disclosures about other versions did not establish that the withheld material was public.
“Based on the foregoing, the court concludes that the technology underlying COMPAS-NY is a bona fide trade secret belonging to equivant, and agency records containing such material are exempt from disclosure under Public Officers Law § 87 (2) (d).”
In Mac Parent LLC v. North American Elite Insurance Co., Judge Platkin found New York County a proper forum for the insurance dispute because the insurer had its principal place of business there, while the plaintiff was based elsewhere.
“There is no question that New York County is a proper and logical forum for the parties' insurance coverage dispute, as it is the county in which defendant-insurer maintains its principal place of business ... By contrast, [plaintiff] is Delaware company headquartered in Colorado that is not registered or licensed to do business in New York.”
Procedural preferences
In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C., he denied an unconverted, post-answer motion to dismiss that relied on the defendants' own evidence. He held that their causation and limitations defenses belonged in a properly supported summary-judgment motion.
“[A] court resolving a motion to dismiss for failure to state a claim cannot base the determination upon submissions by the defendant, no matter how compelling claims made in such submissions may appear.”
In Matter of Papakonstadinou v. Sparakis, he vacated an arbitration award issued after the parties' jointly agreed deadline had passed and one side objected before receiving the award. He held that the arbitrator exceeded the authority the parties had granted him.
“[B]ased on the Arbitrator's persistent and unexplained delays in rendering an award, the parties lost confidence in whether the Arbitrator could provide them a ‘full opinion explaining the reasoning for any award’ within an acceptable timeframe... After that deadline came and went ... the Arbitrator ‘exceeded his power’ by purporting to render a decision.”
In Real Estate Webmasters Inc. v. Rodeo Realty, Inc., he held that Rodeo waived a jury trial by pleading an equitable rescission defense and counterclaim arising from the same transaction as the contract claim.
“The Court therefore concludes that Rodeo waived its right to a jury trial by interposing a defense and counterclaim of an equitable nature arising from the same transaction as REW's claim of anticipatory repudiation.”
Cautions
In State of New York v Oren-Pines, Platkin granted the ventilator supplier summary judgment and denied the State’s cross-motion. He held that the State had terminated the contract before the delivery date, its later breach theories failed on this record, and a valid contract and lack of evidence that the supplier retained the funds defeated quasi-contract recovery.
“The Court therefore concludes that election-of-remedies principles bar the State from maintaining a claim of total breach based on the lack of pre-shipment inspections. ... ORDERED that defendant's motion for summary judgment is granted; and it is further ORDERED that plaintiff's cross motion is denied.”
In Chautauqua Lake Property Owners Association, Inc. v. State of New York, he annulled the new Part 664 regulations for noncompliance with SEQRA and did not reach the separate regulatory challenge.
“[T]he Court concludes that the subject action -- the promulgation of the new Part 664 regulations -- must be annulled for noncompliance with SEQRA... Given the Court's determination that Part 664 must be annulled for non-compliance with SEQRA, the Court need not reach this purely regulatory challenge.”
In Downstate at LICH Holding Co., Inc. v. Fortis Property Group, LLC, he dismissed counterclaims against Downstate except Counts I and III, scheduled a preliminary conference, and directed the parties to discuss early mediation.
“ORDERED that Downstate at LICH's motion to dismiss the counterclaims alleged against it by Fortis and/or Coble Hill is granted to the extent of dismissing all such counterclaims, except for Counts I and III... a remote preliminary conference shall be scheduled, and the parties shall confer in advance of such conference as to (1) their willingness to proceed to early mediation or other form of alternative dispute resolution.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that plaintiff's motions are denied in all respects.”
“ORDERED that the branch of plaintiff's motion for summary judgment on the first cause of action is granted; ... ORDERED that the branch of plaintiff's motion for partial summary judgment on the fourth cause of action is granted as to liability only; and it is further ORDERED that the branch of plaintiff's motion to dismiss defendants' defenses is granted”
“ORDERED that the motions of defendants and the Corporations to dismiss the Complaint are granted to the extent of dismissing the fifth and sixth causes of action, and the motions are denied in all other respects”
“ORDERED that defendants' motion to dismiss is granted to the extent that the third, fourth, fifth and sixth causes of action are dismissed, and the motion is denied as to the first and seventh causes of action”
“ORDERED that the motions of fourth-party defendants Hanson Aggregates New York, LLC and Barrett Paving Materials, Inc. to dismiss the Fourth-Party Complaint and/or for summary judgment are granted to the extent indicated herein and are otherwise denied”
“ORDERED that the branch of defendant's motion to dismiss pursuant to CPLR 3211 (a) (8) for lack of personal jurisdiction is denied”
“ORDERED that the branch of defendant's motion to dismiss under CPLR 3211 (a) (4) is granted; and finally it is ORDERED that this action is dismissed.”
“ORDERED and ADJUDGED that petitioners' application to confirm the arbitration award is denied and the Petition is dismissed”
“ORDERED and ADJUDGED that respondents' Cross Petition to vacate the arbitration award is granted; and it is further ORDERED and ADJUDGED that the arbitration award ... is vacated in all respects”
“ORDERED that the complaints in Action Nos. 1 and 2 are dismissed.”
“ORDERED that plaintiff's motion is granted, and the Jury Demand is hereby stricken”
“it is ordered that defendants' motion is denied; and it is further ordered that the parties shall confer regarding a schedule for the expeditious completion of all remaining fact discovery”
“ORDERED that WCCA's first cause of action, alleging breach of fiduciary duty, is dismissed to the limited extent indicated ...; and it is further ORDERED that WCCA's second cause of action ... is dismissed to the extent indicated ...; and it is further ORDERED that WCCA's fifth cause of action, alleging constructive trust, is dismissed in all respects”
“Supreme Court partially granted the petition by ordering the release of the video footage.”
“Supreme Court denied petitioner's request for counsel fees and costs, finding that respondent had a reasonable basis for denying access given the novelty of the video recording issues and the important interests at stake.”
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