- Posted: January 29, 2025 / Commercial Division Blog
Court Conditionally Grants Motion For Contempt For Failure To Respond To Post-Judgment Discovery
On December 21, 2024, Justice Andrea Masley issued a Decision and Order in Picken v. RN Realty, LLC, Index No. 653313/2014, conditionally granting plaintiffs’ motion for contempt. Following a jury trial, plaintiffs were awarded $2,127,840.44 in damages, which defendant failed to satisfy. Plaintiffs then served information subpoenas with restraining notices and subpoenas for depositions, to which defendant failed to respond. Plaintiffs moved for contempt. In ruling, the Court explained: Read More
- Posted: January 27, 2025 / Commercial Division Blog
Court Grants Motion To Consolidate Cases For Trial
On December 19, 2024, Justice Joel M. Cohen issued a Decision and Order in Jobar Holding Corp. v. Halio, Index No. 655689/2017, granting the plaintiff’s motion to consolidate her case with a case brought by the same plaintiffs concerning the same series of transactions against her son, David Halio. The Court explained: Read More
- Posted: January 24, 2025 / Commercial Division Blog
Court Compels Collection Of Discovery From Bank’s In-House Counsel Involved In Factual Investigation
On December 21, 2024, Justice Andrea Masley granted a motion to compel a Filipino bank to collect and search documents from one of its in-house counsel despite the bank’s claim that the information possessed by its lawyer would be privileged. In Bangladesh Bank v. Rizal Commercial Banking Corporation, et al., Index No. 652051/2024, the plaintiff sought to compel RCBC, which is based in the Philippines, to collect and search documents held by one of its in-house lawyers who was involved in factual investigation relevant to the case. The Court granted the motion. It explained: Read More
- Posted: January 22, 2025 / Commercial Division Blog
Court Excuses Ten-Month Delay In Answering Crossclaims Despite Law Office Failure
On December 19, 2024, Justice Joel M. Cohen denied a motion for an order entering default against a crossclaim-defendant and allowed that party an extension of time to answer despite a ten-month delay in responding to the pleading. In Mehrnaz Nancy Homapour, et al., v. 3M Properties, LLC, et al., Index No. 653795/2015, three defendants filed crossclaims against a fellow defendant, Jacob Harounian, as part of an amended answer. Harounian’s attorney did not notice the addition of this crossclaim because the remainder of the answer was nearly identical to prior answers filed by the three parties. After ten months had elapsed, the crossclaim-plaintiffs moved for default. Read More
- Posted: January 17, 2025 / Commercial Division Blog
Summary Judgment Granted To Third Party Defendant In Real Estate Development Action
On December 4, 2024, Justice Joel M. Cohen granted a third-party defendant’s motion to dismiss claims against it brought by the sponsor of a Manhattan real estate development. The case is Board of Managers of the 443 Greenwich Street Condominium v. SGN 443 Greenwich Street Owner LLC, Index No. 656934/2021 Read More
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