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March 1, 2023
Plaintiffs Precluded From Using Evidence Of Alleged Fraudulent Transfers As Proof Of Consciousness of Guilt
In a Decision and Order, dated January 27, 2023, in Beach v. Touradji Capital Mgmt, LP, Index No. 603611/2008, Justice Andrea Masley granted Defendant’s motion to preclude Plaintiffs from offering evidence and testimony regarding distributions made between 2012 and 2018 that were the subject of a separate lawsuit. The Court explained: Read More
January 23, 2023
Non-Specific Assertions that Actions Should be Consolidated Held Insufficient to Shift Burden
In a Decision and Order, dated January 9, 2023, in Youyi Chen v. 215 Chrystie Venture, LLC, Index No. 655908/2020, Justice Robert R. Reed of the New York County Commercial Division denied defendants’ motion for consolidation where one action sounded in pre-contractual tort claims and the other actions involved post-contractual breach of contract claims. Rejecting defendants’ argument that plaintiffs had to show prejudice, the Court explained: Read More
August 15, 2022
Court Denies Motion To Consolidate So As To Not Delay Case Further
On August 2, 2022, in an opinion in Harleysville Worcester Ins. Co. v. Sompo Am. Ins. Co., 2022 NY Slip Op 50699(U), Justice Robert R. Reed denied Plaintiff’s motion to consolidate. Read More
August 25, 2020
Consolidation Inappropriate Where Plaintiff in One Action is the Defendant in the Other
On August 14, 2020, Justice Masley of the New York County Commercial Division issued a decision in A… Read More
April 20, 2020
Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Dar… Read More
December 4, 2019
Court Refuses to Consolidate Cases in Significantly Different Procedural Postures
On November 21, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
July 25, 2014
Even Where CPLR 3211(a)(4) Does Not Require Dismissal, Cases Can be Consolidated
On July 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
