The New York County Commercial Division has updated the Rules and Procedures of the Alternative Dispute Resolution Program to include rules for the pilot mandatory mediation program discussed in our January 1, 2014 post. The new rules take effect on July 28, 2014.
Monthly Archives: June 2014
On June 27, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in El-Ad 250 W. LLC v. Zurich American Insurance Co., 2014 NY Slip Op. 24173, ruling that an insurance policy’s coverage limit for losses “arising during” a flood applied not only to property damage claims but also to “downstream”… Read more »
On June 30, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Pires v. Bowery Presents, LLC, 2014 NY Slip Op. 24174, denying a motion to dismiss a proposed class action. The plaintiff and proposed class representative alleged that she had purchased a ticket to attend a play, but that… Read more »
On June 18, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in American Casualty Co. of Reading, PA v. Gelb, 2014 NY Slip Op. 31597(U), denying a motion for intervention. In American Casualty Co., the plaintiff insurers sought a declaration that the insurance policies they had issued to Lyondell Chemical… Read more »
On June 19, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in 37 East 50th St. Corp. v. Restaurant Group Management Services, LLC, 2014 NY Slip Op. 31595(U), holding that nominal damages are sufficient to support a claim for breach of contract. In 37 East 50th St. Corp., the parties… Read more »
On June 25, 2014, the Second Department issued a decision in Shao v. Cao, 2014 NY Slip Op. 04733, requiring a trial court to hear a dispositive motion even though it was filed more than 120 days after the Note of Issue was filed. In Shao, the Second Department reversed a trial court decision denying a motion… Read more »
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 NY Slip Op. 04802, clarifying the interplay between CPLR § 202, the “borrowing statute,” and CPLR § 205(a), the “savings statute.” CPLR § 202 provides that, when a cause of action accrues outside New York, the applicable statute of limitations… Read more »
The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. The proposed new rule would add a preamble to the Commercial Division Rules that (a) acknowledges the problems caused by dilatory tactics and counsel who fail to appear for conferences, (b) directs litigants and… Read more »
Magistrate Judge Kathleen Tomlinson’s June 16, 2014 decision in Verizon v. The Village of Westhampton Beach, et al., No. 11 Civ. 252 (AKT), allows the establishment of an eruv to proceed in Westhampton Beach. An eruv is an “unbroken delineation of an area” that allows Jews “with certain religious beliefs to carry or push objects… Read more »