Blogs

Posts Categorized: Court Rules/Procedures

Posted: 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., 2018 NY Slip Op. 01870, holding that a prior tenant was not a necessary party to an action for damages arising from a later tenancy, explaining: Pursuant to section 7.1(a) of the lease, which is the basis… Read more »

Posted: 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 Ambase Corp. v. 111 W. 57th Sponsor LLC, 2018 NY Slip Op. 30049(U), holding that a complaint may include allegations of facts disclosed in settlement discussions, explaining: To the extent that defendants contend that this allegation is improperly… Read more »

Posted: December 14, 2017

Judge Chen Dismisses Slip and Fall Case after Applying Federal Summary Judgment Standard

District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017). This case offers a reminder to counsel that the federal summary judgment standard… Read more »

Posted: 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., 2017 NY Slip Op. 08157, holding that foreign procedural law did not apply to derivative claims relating to a foreign entity in a New York lawsuit, explaining: The parties agree that Cayman Islands substantive law governs the… Read more »

Posted: 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 Commercial Division rules that provides “sample ‘privilege claw-back’ language for use in the standard form of stipulation and order for the production of confidential information in matters before the Commercial Division.” E-mail comments on this proposal to rulecomments@nycourts.gov… Read more »

Posted: 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 Trust v. People Care Inc., 2017 NY Slip Op. 07918, resolving a split between the appellate divisions by holding that a motion to amend requires no showing of merit, explaining: Pursuant to CPLR 3025(b), a party may amend its pleadings… Read more »