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September 27, 2024
Motion To Preclude Reports And Testimony of Experts Denied; Limitations On Trial Testimony Recognized
On August 21, 2024, Justice Nancy M. Bannon denied defendants’ motion to preclude the reports and trial testimony of plaintiff’s experts, while imposing certain limitations on the expert’s trial testimony, in a contractual dispute concerning environmental remediation. The case is 2497 Realty Corp. v. Fuertes, Index No. 151947/2014. Read More
August 26, 2024
Motions For Redaction, Unsealing, Granted In Part, Denied In Part
On July 11 2024, Justice Andrea Masley resolved various motions concerning the sealing or redaction of documents alleged to contain confidential business information. The case is Jaffrey v. Scaminaci, Index No. 653352/2022. Read More
March 8, 2024
Commercial Construction Dispute Kicked From Commercial Division
On February 13, 2024, Administrative Justice Adam Silvera denied a letter application, in Island Exterior Fabricators LLC v. Tishman Construction Corp. of New York, Index No. 654788/2023, to transfer a commercial construction dispute to the Commercial Division, holding that the case did not belong in the Commercial Division, explaining: Read More
June 27, 2022
Attorney Affirmation Made Upon Information and Belief Cannot Support Motion for Default Judgment
On May 10, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Stanziale v. Perlson, 2022 N.Y. Slip Op. 31528(U), holding that an attorney affirmation was insufficient to support a motion for default judgment when many of the allegations in the affirmation were based on information and belief, explaining: Read More
September 22, 2021
Motion Court Erred in Considering Dismissal Motion Raised for First Time on Reply
On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C… Read More
April 23, 2021
That Defendant's Claims Against Third Party Claims Arise From Same Factual Circumstances as Complaint Insufficient Basis for a Third-Party Claim if the Third Party is not Alleged to be Liable for Plaintiff’s Claim Against Defendant
On April 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in J.G.… Read More
April 19, 2021
Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
April 8, 2021
Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cort… Read More
April 4, 2021
Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Sli… Read More
April 3, 2021
Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF… Read More
March 25, 2021
One Motion Rule Bars Parties' Second Motions for Summary Judgment
On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon… Read More
March 15, 2021
Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 11, 2021
Referee Erred in Deciding a Contested Application Without Holding a Hearing
On February 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 52… Read More
February 23, 2021
Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 5, 2021
Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
January 14, 2021
Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
December 10, 2020
Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
November 12, 2020
Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
October 29, 2020
Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings
The Office of Court Administration has asked for public comment on a proposed new Commercial Divisio… Read More
October 27, 2020
Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision i… Read More
October 23, 2020
CLE on New Commercial Division Hyperlinking Rules and Other Recent Rule Changes
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the pr… Read More
October 21, 2020
COVID-19 Pandemic No Excuse for Failing to Respond to Motion
On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 11, 2020
Party May Not Move to Amend a Pleading That Already Has Been Dismissed
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Sli… Read More
October 6, 2020
Commercial Division Rules Amended to Add Highly Confidential - Attorneys' Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protecti… Read More
September 30, 2020
Hyperlinking Now Mandatory in the Commercial Division
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking t… Read More
September 29, 2020
Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC… Read More
September 23, 2020
Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More
September 10, 2020
Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial
On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
September 8, 2020
A Party's Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atil… Read More
September 1, 2020
Answer to Amended Complaint May Contain Affirmative Defenses That Could Have Been, But Were Not, Raised in Initial Answer
On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04… Read More
August 20, 2020
Motion to Vacate Denied Because of Unreasonable Delay in Making Motion
On August 19, 2020, the Second Department issued a decision in Pei Qi Chen v. Chen, 2020 NY Slip Op.… Read More
August 19, 2020
Court Refuses to Stay New York Action in Favor of Federal Action
On August 7, 2020, Justice Masley of the New York County Commercial Division issued a decision in Co… Read More
July 18, 2020
Action Dismissed for Failure to File Note of Issue
On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in So… Read More
July 9, 2020
Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
July 6, 2020
Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dua… Read More
June 26, 2020
That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fi… Read More
May 20, 2020
New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, "… Read More
May 16, 2020
Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 9, 2020
Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
May 4, 2020
New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and … Read More
April 21, 2020
NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar… 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
April 19, 2020
Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice
On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei J… Read More
April 6, 2020
Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action
On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Ca… Read More
April 2, 2020
New York Courts Clarify E-Filing Rules for Essential Matters
The New York State courts have issued guidance and a new form relating to the filing of papers in es… Read More
March 31, 2020
SDNY and EDNY Further Limit Operations in Face of Coronavirus Crisis
The focus of this blog is the Commercial Division of the New York state courts. Still, many of our … Read More
March 22, 2020
New York Courts Prohibit Filings in Non-Essential Matters
On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no lon… Read More
March 19, 2020
New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the… Read More
March 19, 2020
State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to the… Read More
March 19, 2020
Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relat… Read More
March 18, 2020
First and Second Departments Suspend Deadlines
The First and Second Departments have announced that they are suspending most deadlines. They have p… Read More
March 16, 2020
New York Courts Further Restrict Operations in Response to Coronavirus
Following up on his March 13 memo announcing some limitations on operations in the New York state co… Read More
March 13, 2020
New York State Courts Cancel Jury Trials, Impose Other Limitations in Response to Coronavirus
As other courts have done, the New York state courts have implemented procedures limiting courthouse… Read More
March 12, 2020
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to
Rule 31 o… Read More
March 8, 2020
Late-Filed Motion to Amend Denied
On February 25, 2020, the First Department issued a decision in Ness Tech. SARL v. Pactera Tech. Int… Read More
March 2, 2020
Court Declines to Vacate Judgment Based on the "Injustice" of Applying Federal Law in State Court
On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
February 21, 2020
Court Vacates Late-Filed Notice of Discontinuance
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
January 1, 2020
Justice Colaiacovo Updates Part Rules
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his i… Read More
December 30, 2019
Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individ… Read More
December 28, 2019
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
December 25, 2019
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed amendment to Commercia… Read More
December 14, 2019
New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 … Read More
September 21, 2019
Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY… Read More
September 18, 2019
Dismissal of Foreclosure Action for Failure to Prosecute Vacated
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2… Read More
September 11, 2019
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed rule changes.
Firs… Read More
September 6, 2019
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
August 14, 2019
Out-of-State Business's Failure to Register in New York Caused it to Lack Standing to Sue
On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Inte… Read More
July 5, 2019
Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY
On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in H… Read More
June 21, 2019
GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice
On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove… Read More
June 16, 2019
Justice Friedman Updates Part Rules
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual… Read More
June 15, 2019
Remedy for Motion Court's Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge
On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, … Read More
June 13, 2019
Court Should Have Vacated Note of Issue Where Discovery Not Complete
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More
June 5, 2019
Action Properly Dismissed in Favor of Prior Pending Action
On May 29, 2019, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Luxama, 201… Read More
April 30, 2019
Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution
On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More
March 22, 2019
Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings
On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision inÂ… Read More
March 7, 2019
Action Dismissed For Failure Timely to Serve Summons and Complaint
On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More
February 14, 2019
A Lawyer's Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer
On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More
February 12, 2019
Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff's Claims Against Defendant
On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Ru… Read More
February 10, 2019
Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name
On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in … Read More
February 9, 2019
Justices Scarpulla and Schecter Updates Part Rules
Justices Saliann Scarpulla and Jennifer Schecter of the New York County Commercial Division recently… Read More
January 19, 2019
Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve
On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FC… Read More
January 18, 2019
Delay Not Fatal to Motion to Amend
On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in E… Read More
January 12, 2019
Reassignment to Different Justice Does Not Affect Effect of Prior Justice's Rulings
On January 8, 2019, the First Department issued a decision in R&R Capital LLC v. Merritt, 2019 … Read More
January 5, 2019
Justices Borrok and Cohen Post Part Rules
Newly-assigned New York County Commercial Division Justices Andrew Borrok and Joel M. Cohen have pos… Read More
December 30, 2018
Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier
On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance… Read More
December 29, 2018
Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
December 3, 2018
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed rule "[e]nhanc[ing] at… Read More
December 1, 2018
Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
November 28, 2018
Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleu… Read More
November 25, 2018
Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY … Read More
November 16, 2018
City Department of Finance Not Entitled to Two Percent Payment Fee On Abandoned Funds Transferred to Comptroller
On October 25, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
November 11, 2018
Plaintiff Asserting Derivative Claims Must be Represented by Counsel
On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
November 6, 2018
Action Dismissed Because GBL 130 Violation Was Not Curable
On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY… Read More
October 30, 2018
Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
October 23, 2018
Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester … Read More
October 22, 2018
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
October 4, 2018
Defendant May Not Move to Dismiss Claims Against Other Defendants
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
September 16, 2018
Motion for Reargument Denied for Failure to Attach Prior Order and Papers
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 14, 2018
Plaintiff Allowed to Amend Complaint in Anticipation of Trial
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision o… Read More
September 11, 2018
Justices Masley, Sherwood and Paris Update Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual pra… Read More
September 8, 2018
BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radian… Read More
September 5, 2018
Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bast… Read More
August 19, 2018
Court Orders Selective Redaction Rather Than Sealing
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ba… Read More
August 14, 2018
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
August 13, 2018
Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding
On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
August 7, 2018
Court Dismisses Third-Party Claim Seeking a Declaratory Judgment
On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
August 3, 2018
Motion to Amend Brought at Close of Discovery Untimely
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in S… Read More
July 31, 2018
Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
July 28, 2018
Defense Waived Because Not Asserted in Answer
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in B… Read More
July 23, 2018
New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six
The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September … Read More
July 22, 2018
Party's Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void
On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v… Read More
July 11, 2018
Justices Scarpulla and Jamieson Update Part Rules
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual… Read More
June 13, 2018
Plaintiff Not Prejudiced by Amendment to Answer
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Le… Read More
June 10, 2018
Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently pos… Read More
May 28, 2018
Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip… Read More
May 26, 2018
Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules.
Just… Read More
May 17, 2018
Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently pos… Read More
May 15, 2018
Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
May 3, 2018
Justice Risi Posts Part Rules
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his … Read More
March 27, 2018
Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
March 26, 2018
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
March 23, 2018
Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant's Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 20… Read More
March 7, 2018
Dismissal of Action for Failure to File Note of Issue Affirmed
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404,… Read More
January 18, 2018
Complaint May Include Allegations of Facts Disclosed in Settlement Discussions
On January 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
November 24, 2017
Cayman Islands Procedural Law Does Not Apply to Derivative Claims of Cayman Entity in New York Lawsuit
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 201… Read More
November 19, 2017
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
November 18, 2017
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Administrative Board of the Courts has asked for public comment on a proposed change to the Comm… Read More
November 15, 2017
Resolving Split, Third Department Rules That Motion to Amend Requires No Showing of Merit
On November 9, 2017, the Third Department issued a decision in NYAHSA Services, Inc., Self-Insurance… Read More
November 14, 2017
Successor Judge Should Have Adhered to Prior Judge's Holdings Under Law of Case Doctrine
On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Prop… Read More
November 5, 2017
Bank Not Allowed to Amended its Answer to Change Statement It Claims Was Mistaken
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in … Read More
September 13, 2017
First Department Arguments to be Broadcast Live Over the Internet
Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral a… Read More
August 25, 2017
Motion Court Should Not Have Denied Motion to Amend
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casua… Read More
August 23, 2017
Justices Scheinkman and Garguilo Recently Updated Their Part Rules
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide… Read More
August 16, 2017
Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JB… Read More
July 30, 2017
Justice Masley Posts Part Rules
Justice Andrea Masley, newly-assigned to the New York County Commercial Division, recently posted he… Read More
July 25, 2017
Justice Masley Assigned to Commercial Division
Justice Andrea Masley, previously assigned to Part 25, has been reassigned to the New York County Co… Read More
June 30, 2017
Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases
On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E… Read More
June 27, 2017
Dismissal for Failure to Prosecute Vacated Because No 90-Day demand to File Note of Issue Made
On June 21, 2017, the Second Department issued a decision in Atmara, Inc. v. Panoramic Ace Propertie… Read More
June 24, 2017
Summons With Notice Provided Sufficient Notice of Plaintiff's Claims
On June 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in L… Read More
May 17, 2017
First-Filed New York Action Dismissed in Favor of More Comprehensive Texas Action
On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY … Read More
May 15, 2017
Demand of Complaint May Be Made Before Proof of Service is Filed
On May 4, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Ltd. v. … Read More
May 13, 2017
Sole Remedy for Fraud on Court in Prior Proceeding is Motion to Vacate Under CPLR 5015(a)(3)
On April 28, 2017, the Fourth Department issued a decision in MAA-Sharda, Inc. v. First Citizens Ban… Read More
May 12, 2017
Declaratory Judgment Claim Justiciable Even Though Option Had Not Yet Been Exercised
On April 19, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
May 3, 2017
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
May 2, 2017
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual p… Read More
May 1, 2017
Justices Chimes and Nowak Post Part Rules
Justices Deborah Chimes and Henry J. Nowak of the Eighth Judicial District Commercial Division recen… Read More
April 23, 2017
Action Dismissed for Failure Timely to Respond to Demand for Complaint
On February 21, 2017, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
April 21, 2017
Court Rejects Late-Filed Opposition to Motion
On April 3, 2017, Justice Whelan of the Suffolk County Commercial Division issued a decision in Nati… Read More
March 21, 2017
Vacatur Based on Releases Denied; Defendant Failed Timely to Raise Issue
On March 7, 2017, the First Department issued a decision in Grinshpun v. Borokhovich, 2017 NY Slip O… Read More
March 7, 2017
No Dismissal Because of Prior Pending Action; Relief Sought Not Substantially the Same
On February 23, 2017, the First Department issued a decision in Wimbledon Financing Master Fund, Lt… Read More
March 4, 2017
Motion to Correct Judgment Cannot be Used to Litigate New Issues
On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
February 17, 2017
Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
January 12, 2017
Court Had Jurisdiction to Hear Motion for Time to Serve Despite Failure to Serve Within 120 Days
On January 10, 2017, the First Department issued a decision in Zegelstein v. Faust, 2017 NY Slip Op.… Read More
December 27, 2016
Affirmative Defense Not in Answer Not Waived Because it Was Subsequently Raised and Responded to
On December 15, 2016, the First Department issued a decision in American Stevedoring, Inc. v. Red Ho… Read More
November 14, 2016
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on three proposed changes to the Com… Read More
October 23, 2016
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the Comme… Read More
September 29, 2016
RMBS Suit Stayed in Favor of Prior Pending Action in Wisconsin
On September 20, 2016, Justice Friedman of the New York County Commercial Division issued a decision… Read More
July 21, 2016
Actions Dismissed on Standing Grounds May be Refiled Pursuant to CPLR 205
On July 7, 2016, the First Department issued a decision in U.S. Bank N.A v. DLJ Mortgage Capital, In… Read More
July 5, 2016
Justices Oing and Scarpulla Update Part Rules
Justice Jeffrey K. Oing of the New York County Commercial Division recently updated his part practic… Read More
June 26, 2016
Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
June 22, 2016
Vacature Based on New Evidence Denied For Lack of Explanation Why Evidence Not Discovered Earlier
On June 16, 2016, the First Department issued a decision in Molina v. Chladek, 2016 NY Slip Op. 0480… Read More
June 15, 2016
Counterclaims Dismissed Because Not Made Against Plaintiff or Person Whom Plaintiff Represents
On June 7, 2016, the First Department issued a decision in Mutual Benefits Offshore Fund v. Zeltser,… Read More
June 7, 2016
Supreme Court Lacked Jurisdiction to Award Statutory Interest in Action it Had Dismissed
On June 2, 2016, the Court of Appeals issued a decision in CRP/Extell Parcel I, L.P. v. Cuomo, 2016 … Read More
May 28, 2016
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
May 18, 2016
Motion for Contempt Denied for Failure to Provide Statutory Warning
On May 18, 2016, the Second Department issued a decision in Community Preservation Corp. v Northern … Read More
May 9, 2016
Justice Ostrager Posts Part Rules
Justice Barry R. Ostrager of the New York County Commercial Division recently posted his part practi… Read More
April 9, 2016
Trial Court Should Have Vacated Note of Issue Because Discovery Was Not Complete
On March 30, 2016, the Second Department issued a decision in Singh v. CBCS Construction Corp., 2016… Read More
April 9, 2016
Court Refuses to Vacate Default Judgment for Lack of Reasonable Excuse for Default
On April 4, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
April 1, 2016
Court Allows Filing of Redacted Complaint
On March 22, 2016, Justice Singh of the New York County Commercial Division issued a decision in SYN… Read More
March 20, 2016
E-Filing Error Reasonable Excuse to Support Vacating Default Judgment
On March 11, 2016, Justice Demarest of the Kings County Commercial Division issued a decision in Her… Read More
March 13, 2016
First Department Affirms Order Enjoining Party from Bringing Further Actions Without Permission
On March 10, 2016, the First Department issued a decision in Lipin v. Hunt, 2016 NY Slip Op. 01746, … Read More
February 21, 2016
Justices Ramos and Hudson Updates Part Rules
Justice Charles E. Ramos of the New York County Commercial Division recently updated his part practi… Read More
February 15, 2016
Despite Claimed Damages of $15 Million, Court Transfers Case Out of Commercial Division
On February 2, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
January 28, 2016
Opportunity to Comment on Proposed Change to CPLR
The Office of Court Administration has asked for public comment on a proposed change to the CPLR abo… Read More
January 19, 2016
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the Commerci… Read More
January 15, 2016
Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
January 1, 2016
Motion to Amend Denied Where Plaintiff Fails to Establish Merit
On December 21, 2015, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
November 18, 2015
Justices Ramos and Kornreich Update Part Rules
Justices Charles E. Ramos and Shirley Werner Kornreich of the New York County Commercial Division re… Read More
October 26, 2015
Commercial Division Blog Now Has Transfer Order Database
The Commercial Division Blog has added a database of orders by the Administrative Judge relating to … Read More
October 20, 2015
Justice Bransten Updates Preliminary Conference Order
Justice Eileen Bransten of the New York County Commercial Division recently updated her form Prelimi… Read More
September 28, 2015
Opportunity to Comment on Proposed Changes to Court Rules
The Office of Court Administration has asked for public comment on two proposed new rules.
One propo… Read More
September 18, 2015
Use of State E-Filing Continues to Grow
For those of us who practice in the Commercial Division, e-filing has been a part of our lives for s… Read More
September 10, 2015
Motion for Relief from Judgment Under CPLR 5015 Must be Made by Order to Show Cause
On August 17, 2015, Justice Whelan of the Suffolk County Commercial Division issued a decision in Vi… Read More
September 9, 2015
Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed new Section 523 of the… Read More
August 24, 2015
Case Cannot be Dismissed as Abandoned Unless Note of Issue Has Been Filed
On August 6, 2015, Justice Rosenbaum of the Monroe County Commercial Division issued a decision in G… Read More
August 22, 2015
Court Grants Motion to Amend Filed Shortly Before Note of Issue Date
On August 3, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
July 31, 2015
Second Voluntary Discontinuance is Adjudication the Merits Barring Further Assertion of Claims
On July 15, 2015, the Second Department issued a decision in Haber v. Raso, 2015 NY Slip Op. 06113, … Read More
July 23, 2015
Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
July 22, 2015
In Deciding Motion to Amend, Court Not Required to Accept Allegations As True
On June 30, 2015, the First Department issued a decision in Boaz Bag Bag v. Alcobi, 2015 NY Slip Op.… Read More
July 19, 2015
Court Considers Whether Plaintiff’s Inadvertent Electronic Filing of Confidential Documents As Exhibits to Motion Papers Waived Trade Secret Protection
On July 14, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in HMS … Read More
July 18, 2015
Action Dismissed in Favor of Other Pending Action
On May 7, 2015, Justice Grays of the Queens County Commercial Division issued a decision in A&N Food… Read More
July 3, 2015
New York Attorney Secure Pass Renewals Now Available Online
The Office of Court Administration has announced that you can now renew your attorney secure pass on… Read More
June 25, 2015
Settling Party Not Entitled to Contribution from Co-Defendants
On June 18, 2015, the First Department issued a decision in Diversified Group, Inc. v. Marcum & Klie… Read More
June 24, 2015
Court Grants Plaintiff's Motion to Discontinue Action Without Prejudice
On June 8, 2015, Justice Emerson of the Suffolk County Commercial Division issued a decision in Tama… Read More
June 13, 2015
Opportunity to Comment on Proposed Change to Court Rules
The Office of Court Administration has asked for public comment on a proposed change to the Uniform … Read More
June 6, 2015
Second Department Declines to Hear Appeal Because of Faulty Record
On May 27, 2015, the Second Department issued a decision in Zutrau v. ICE Sys., Inc., 2015 NY Slip O… Read More
May 30, 2015
Action Dismissed for Champerty
On May 21, 2015, the First Department issued a decision in Justinian Capital SPC v. WestLB AG, 2015 … Read More
May 27, 2015
Court Permits Amendment To Complaint That Contradicts Admissions in Original Complaint
On May 12, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Avigd… Read More
May 20, 2015
Justice Ramos Updates Part Rules
Justice Charles E. Ramos of the New York County Commercial Division recently updated his part practi… Read More
May 14, 2015
Award of Fees Under CPLR 3220 Available Even if Action is Disposed of on a Motion to Dismiss
On May 1, 2015, Justice Demarest of the Kings County Commercial Division issued a decision in Saul v… Read More
May 6, 2015
Justice Anil C. Singh Posts Part Rules
Newly-appointed Justice Singh of the New York County Commercial Division recently posted his Individ… Read More
May 2, 2015
Failure to Justify Untimely Service of Complaint Results in Dismissal
On April 22, 2015, the Second Department issued a decision in J L Collier Corp. v. Wells Fargo Bank,… Read More
April 21, 2015
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the rules of… Read More
April 15, 2015
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed change to the rules of… Read More
April 13, 2015
Court Affirms Prohibition on Successive Motions
On April 7, 2015, the First Department issued a decision in Fleming & Assoc., CPA, PC v. Murray … Read More
April 10, 2015
Opportunity to Comment on Two Proposed Changes to Commercial Division Rules
The Office of Court Administration has asked for public comment on two proposed changes to the rules… Read More
April 8, 2015
Justice Eileen Bransten Updates Part Rules
Justice Bransten of the New York County Commercial Division recently updated her Individual Practice… Read More
March 30, 2015
Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
… Read More
March 29, 2015
Court Explores Scope of One Motion Rule
On March 20, 2015, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
March 25, 2015
Stipulation of Settlement Not Enforceable if Not Properly Memorialized
On March 18, 2015, the Second Department issued a decision in De Well Container Shipping Corp. v. Mi… Read More
March 24, 2015
Chief Administrative Judge Issues Report on Electronic Filing in New York
On March 16, 2015, Chief Administrative Judge Prudenti submitted a Report to the Legislature, the Go… Read More
March 20, 2015
NYSCEF Resource Center Reminds Users of the Importance of Using eTrack
Today, the NYSCEF Resource Center sent a reminder to registered attorneys regarding eTrack. For the… Read More
March 19, 2015
Justice Scarpulla Updates Part Rules
Justice Scarpulla of the New York County Commercial Division recently updated her part practices.
… Read More
March 16, 2015
Opportunity to Comment on Proposed New Court Rule Regarding the Recognition of Tribal Court Judgments
The Office of Court Administration has asked for further public comment on a proposed new rule (22 N… Read More
February 19, 2015
Decision Illustrates How Foreign Documents Create Procedural Stumbling Blocks
On January 2, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Smar… Read More
February 17, 2015
Court Enjoins Petitioners From Filing Any Further Process or Legal Proceedings Without Leave of Court
On January 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
January 22, 2015
Justice Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his part practices and tri… Read More
January 16, 2015
Issues of Fact As To Whether Foreign Unlicensed Corporation Was Doing Business In New York Preclude Dismissal Under BCL § 1312
On January 7, 2015, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
January 15, 2015
Recent Amendments to the Commercial Division Rules
Recently, the Chief Administrative Judge has adopted several changes to the Commercial Division Rule… Read More
January 7, 2015
CPLR No Longer Requires Affidavits from Foreign Witnesses
Effective January 1, 2015, CPLR 2106 is amended to provide:
(b) The statement of any person, when th… Read More
December 30, 2014
Mechanics Lien That Incorrectly Listed Corporation As Property Owner Instead of Corporation's Sole Shareholder Could Be Amended To Reflect The True Owner
On December 16, 2014, the Court of Appeals issued a decision in Rigano v. Vibar Construction, Inc., … Read More
December 21, 2014
Plaintiff Cannot Bring Veil Piercing Claim Without Claim Against Entity Whose Veil is Being Pierced
On December 4, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in I… Read More
December 15, 2014
Party Sanctioned for Harassing Opponent
On December 8, 2014, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
November 30, 2014
Court Declines to Stay Action in Favor of Pending Bankruptcy
On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
November 29, 2014
Court Sanctions Plaintiff for Asserting Previously-Decided Claims
On November 24, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
November 28, 2014
Claims May be Amended to Conform to Proof Absent Prejudice to Opponent
On November 25, 2014, the Court of Appeals issued a decision in Kimso Apartments, LLC v Gandhi, 2014… Read More
November 27, 2014
New Jersey Launches Complex Business Litigation Program
On November 13, 2014, the Acting Administrative Director of the New Jersey State Courts issued a Not… Read More
November 20, 2014
Trial Court Rules Amended to Clarify Requirements for Redaction of Confidential Personal Information
On November 6, 2014, the Chief Administrative Judge signed an order adding subdivision (e) to Rule 2… Read More
November 5, 2014
Justices Oing and Schweitzer Update Part Rules
Justices Jeffrey K. Oing and Melvin L. Schweitzer of the New York County Commercial Division recentl… Read More
October 29, 2014
Appellant's Arguments Rejected Based on Judicial Estoppel
On October 21, 2014, the First Department issued a decision in Bank Hapoalim B.M. v. Westlb AG, 2014… Read More
October 19, 2014
A Cautionary Tale Regarding Procedural Pitfalls: Part 2
In yesterday's post on the October 1, 2014, decisions by Justice Oing of the New York County Commer… Read More
October 18, 2014
A Cautionary Tale Regarding Procedural Pitfalls: Part 1
On October 1, 2014, Justice Oing of the New York County Commercial Division issued two decisions in … Read More
October 10, 2014
Defendants Sued in Their Individual Capacities Cannot Bring Counterclaims as Trustees or Agents for Non-Parties, Nor Bring Counterclaims Against Non-Parties who Allegedly Control a Party
On September 23, 2014, Justice Friedman of the New York County Commercial Division issued a decision… Read More
October 6, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
October 4, 2014
Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices.
… Read More
October 1, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
October 1, 2014
No Third-Party Claim Where Plaintiff Made no Claim Against Defendant for Which Third Party Defendant Could be Liable
On September 25, 2014, the First Department issued a decision in Fidelity National Title Insurance C… Read More
September 29, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
September 28, 2014
Justice Jamieson Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Linda S. Jamieson of th… Read More
September 26, 2014
Justice Emily Pines Updates Part Rules
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices.
… Read More
September 26, 2014
Justice Solomon Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin M. Solomon of th… Read More
September 18, 2014
Enforcement of Judgment Not Stayed Pending Appeal When Undertaking Not Filed With County Clerk
On September 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in … Read More
September 5, 2014
Attorney Affidavit Admitted in Support of Motion for Summary Judgment
On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
September 2, 2014
Second Department Affirms Trial Court Decision Modifying Settlement Agreement
On August 27, 2014, the Second Department issued a decision in Mochkin v. Mochkin, 2014 NY Slip Op.… Read More
September 1, 2014
Court Cites Champerty Law in Denying Motion to Substitute Parties
On August 19, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
August 22, 2014
Exchange of E-mails Did Not Create Binding Settlement Agreement
On August 6, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Rubi… Read More
August 20, 2014
JHO Vacates Own Report For Exceeding Her Mandate
On August 13, 2014, the Second Department issued a decision in GMSÂ Batching, Inc. v. TADCO Construc… Read More
August 18, 2014
Second Department Analyzes Rules Applying to the Admissibility of Out-of-State Affidavits
On August 13, 2014, the Second Department issued a decision in Midfirst Bank v. Agho, 2014 NY Slip … Read More
August 15, 2014
Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI
The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of elec… Read More
August 11, 2014
Court Reminds Counsel of Procedure for Citing to Electronically-Filed Documents
On July 31, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
August 7, 2014
Trial Court Decision Denying Motion for Failure to Follow Part Rules Reversed
On August 6, 2014, the Second Department issued a decision in Middleton v. Russell, 2014 NY Slip Op.… Read More
August 1, 2014
Legal Argument to be in Memorandum of Law, Not Attorney Affirmation
On July 17, 2014, Justice Bransten of the New York County Commercial division issued a decision in R… Read More
July 30, 2014
When no Present Claim and a Subsequent Dispute Would be New and Distinct, Party not Necessary Under CPLR 1001
On July 15, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More
July 26, 2014
Commercial Division Rules Amended to Increase Monetary Thresholds and Encourage Early Exchange of Documents Facilitating Settlement
The Chief Administrative Judge has signed orders (1) raising most of the monetary thresholds for ass… Read More
July 24, 2014
BCL § 1112 is Controlling for Determining Venue In an Action Seeking Judicial Dissolution
On July 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sici… Read More
July 15, 2014
Opportunity to Comment on Proposed New Uniform Civil Rules for Supreme Court and County Court
The Office of Court Administration has asked for public comment on a proposed new rule on the recog… Read More
July 13, 2014
Small Claims Decision Has Res Judicata Effect in Supreme Court
On July 10, 2014, the Third Department issued a decision in Tovar v. Tesoros Property Management, L… Read More
July 11, 2014
Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs
The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of… Read More
July 10, 2014
Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division
The Office of Court Administration has asked for public comment on a proposed change to the Joint Ru… Read More
July 9, 2014
Notarization by Consular Official Meets CPLR 2309 Authentication Requirement
On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokol… Read More
June 30, 2014
New York County Commercial Division Updates Rules, Includes Pilot Mandatory Mediation Program
The New York County Commercial Division has updated the Rules and Procedures of the Alternative Disp… Read More
June 27, 2014
Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
… Read More
June 27, 2014
Foreign Statute of Limitations Does Not Apply in Actions Brought Under CPLR § 205(a)
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 … Read More
June 26, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
June 23, 2014
Commercial Division Rules Amended to Add Rules Regarding Interrogatories
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by… Read More
June 19, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
June 12, 2014
Claim Dismissed Based on In Pari Delicto Doctrine
On June 4, 2014, the Second Department issued a decision in Burgers Bar Five Towns, LLC v. Burger Ho… Read More
June 10, 2014
Boilerplate Affirmative Defenses are Subject to Dismissal
On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazo… Read More
May 15, 2014
Justice O. Peter Sherwood Updates Part Rules
Justice Sherwood of the New York County Commercial Division recently updated his Individual Practice… Read More
May 9, 2014
Commercial Division Rules Amended to Add Rules for Accelerated Adjudication
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by … Read More
May 9, 2014
Failure Timely to File for Class Certification Mandates Denial of Certification
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
May 9, 2014
Fraud on the Court Must be Proved by Clear and Convincing Evidence
On May 8, 2014, the Court of Appeals issued a decision in CDR Creances S.A.S. v. Cohen, 2014 NY Slip… Read More
May 8, 2014
Minor Amendment to a Complaint Proves Fatal to Plaintiff's Case
On May 6, 2014, the First Department issued a decision in Healthcare I.Q., LLC v. Tsai Chung Chao, 2… Read More
May 6, 2014
Justice Jeffrey K. Oing Updates Part Rules
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
… Read More
May 4, 2014
Action Transferred to Civil Court After Summary Judgment Limits Damages
On April 23, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in… Read More
April 24, 2014
Filing Lawsuits and Owning an Interest in Property Not Doing Business in New York for LLC Law Section 808 Purposes
On April 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
April 23, 2014
Justice Ritholtz Bio and Part Rules
We have added to our practice pages the biography and part rules of Justice Martin E. Ritholtz of t… Read More
April 23, 2014
Acting as Sub-landlord Doing Business Within the Meaning of BCL Prohibition on Foreign Unregistered Business Lawsuits
On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC… Read More
April 21, 2014
Use of New York Bank To Facilitate Dollar Transfers In a Foreign Exchange Transaction Not Sufficient to Avoid Forum Non Conveniens Dismissal
On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosa… Read More
April 14, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
April 11, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
April 9, 2014
Uploading of Incorrect Commencing Document In E-Filing System Was Correctable Error Under CPLR 2001
On March 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in McC… Read More
April 8, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 7, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
April 3, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More
March 30, 2014
Appellant Sanctioned for Submitting Deficient Record on Appeal
On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petrole… Read More
March 28, 2014
Defendant Whose CPLR 3220 Offer Was Rejected is Entitled to Her Attorneys' Fees Related to Proving Damages From Time of Offer
On March 27, 2014, the First Department issued a decision in Abreu v. Barkin & Associates Realt… Read More
March 28, 2014
New York County Commercial Division Justices Oing and Scarpulla Participate in Test Program to Use Hyperlinks in E-Filed Papers
On March 17, 2014, the New York County Commercial Division announced an experimental program to use… Read More
March 18, 2014
Defaulting Defendant’s Insurer Has Standing To Intervene
On March 6, 2014, Justice Friedman of the New York County Commercial Division issued a decision in C… Read More
March 11, 2014
Lawyer's "Stalking" of Jurors Leads to Mistrial
On March 5, 2014, Justice Karalunas of the Onondaga County Commercial Division issued a decision in … Read More
March 6, 2014
Justice Saliann Scarpulla Posts Part Rules
Newly-appointed Justice Saliann Scarpulla of the New York County Commercial Division recently post… Read More
March 2, 2014
Case Dismissed for Champerty
On February 24, 2014, Justice Kornreich of the New York County Commercial Division issued a decision… Read More
February 24, 2014
First Department Rules That Disgorgement May Be Available As An Equitable Remedy For Attorney General Claims Under Martin Act and Executive Law
On February 20, 2014, the First Department issued a decision in People v. Ernst & Young, LLP, 20… Read More
February 23, 2014
Complaint to Reform Contract Dismissed for Failure to Join All Parties to Contract
On February 5, 2014, New York County Commercial Division Justice Bransten issued a decision in Oppen… Read More
February 20, 2014
Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division recently updated his Individual Practices.
… Read More
February 19, 2014
Court Grants Reargument When it Fails to Address Argument Made in Footnote
On February 6, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More
February 17, 2014
Court Denies Motion for Permissive Venue Change from New York County to Nassau County
On February 5, 2014, New York County Commercial Division Justice Friedman issued a decision in W.S. … Read More
February 14, 2014
Reminder: Threshold for New York County Commercial Division Cases Goes up to $500,000 Effective Monday, February 17, 2014
As we previously posted, on Monday, February 17, 2014, the monetary threshold for the assignment of … Read More
February 5, 2014
New Monetary Threshold for New York County Commercial Division Takes Effect February 17, 2014
The change of the monetary threshold for assignment to the New York County Commercial Division from … Read More
February 5, 2014
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More
January 30, 2014
Court Allows Filing of Complaint Under Seal Along With Public Redacted Complaint
On January 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision i… Read More
January 26, 2014
How Not to Get a Case Assigned to the Commercial Division
On January 23, 2014, the First Department issued a decision in BDO USA, LLP v. Phoenix Four, Inc., 2… Read More
January 1, 2014
Opportunity to Comment on Proposed Changes to Commercial Division Rules
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More
December 26, 2013
Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surg… Read More
December 5, 2013
First Department Affirms Strict Reading of Rule Requiring Stay and Notice to Retain New Counsel
On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Sl… Read More
December 3, 2013
Motion to Seal Sensitive Commercial Document Granted
On November 6, 2013, Justice Ramos of the New York County Commercial Division issued a decision in G… Read More
November 22, 2013
Defendant Sanctioned for Filing Inaccurate Note of Issue and Certificate of Readiness
On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More
October 15, 2013
Justice Charles E. Ramos Updates Part Rules
Justice Ramos of the New York County Commercial Division has issued supplemental part practices for … Read More
October 4, 2013
Justice Melvin L. Schweitzer Updates Part Rules
Justice Schweitzer of the New York County Commercial Division recently updated his Individual Practi… Read More
