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August 21, 2024
Leave to Amend to Add Failure-to-Notify Claim Denied When Sole-Remedy Repurchase Protocol Did Not Require Defendant to Give Notice
On July 8, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in U.S. Bank, N.A. v. DLJ Mortgage Capital, Inc., Index No. 653140/2015, denying the plaintiff's motion for leave to amend to add a claim for failure to notify upon discovery of a breach of a mortgage, holding that the sole-remedy repurchase protocol in the underlying contract did not impose a duty to notify on this particular defendant, explaining: Read More
July 3, 2024
Non-Competition/Solicitation Claims Sustained In Part Against Plaintiff’s Former Employee, Dismissed Against Employee’s New Employer, and Plaintiff’s Motion To Amend Denied
On May 29, 2024, Justice Melissa A. Crane granted one defendant’s motion to dismiss all claims, granted the second defendant’s motion to dismiss in part, and denied plaintiff’s motion to file a second amended complaint. Prager Metis CPAS LLC v Koenig, Index No. 652000/2023. Read More
December 20, 2023
Motion for Leave to Amend Denied Where Proposed Third Amended Complaint Fails to Correct Defects of Prior Complaints
On October 30, 2023, Justice Andrew Borrok, of the New York County Commercial Division issued a decision in Kirschenbaum v De Baets, Index No. 653287/2019, 2023 NY Slip Op 33880(U), denying Plaintiff’s motion for leave to amend to file a third amended complaint where the proposed amendments were palpably insufficient and proposed claims that failed as a matter of law. The Court explained: Read More
June 9, 2023
Motion for Leave to Amend Granted in Part and Denied in Part Following Appellate Division Decision
On May 19, 2023, Justice Joel M. Cohen, of the New York County Commercial Division, issued a decision in in Homapour v. 3M Props., LLC, 2023 N.Y. Misc. LEXIS 2496. The Court granted in part and denied in part the plaintiff’s motion for leave to amend the complaint, which was made following decisions made by the First Department and Second Department in the underlying action and related actions relevant to the motion. The Court denied the motion as to one specific claim which was barred by the prior First Department order, but otherwise granted the motion for leave to amend. Read More
May 8, 2023
Motion for Leave to Amend Granted Where no Additional Discovery Needed
On April 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in National Union Fire Insurance Company of Pittsburgh, P.A. Ace American Insurance Company, Index No. 653702/2020. The Court granted Plaintiff National Union’s motion for leave to amend its complaint “to change its claim from breach of the duty good faith and fair dealing under New York law to equitable subrogation under Georgia law.” The Court held that the motion should be granted as the defendant showed no prejudice or surprise from the proposed amendment. The Court explained: Read More
