Presiding Justice Rolando T. Acosta has announced that effective Tuesday, September 12, 2017, oral argument of cases before the New York State Supreme Court, Appellate Division, First Judicial Department will be broadcast live over the internet. The court’s announcement explains that “[t]he public may watch the webcasts from most internet connected devices, including smart phones… Read more »
Posts Categorized: Court Rules/Procedures
On August 16, 2017, the Second Department issued a decision in Fox Paine & Co., LLC v. Houston Casualty Co., 2017 NY Slip Op. 06163, reversing the denial of a motion to amend, explaining: In the absence of prejudice or surprise to the opposing party, leave to amend a pleading should be freely granted unless… Read more »
Justice Scheinkman of the Westchester County Commercial Division recently updated his Practice Guide to the Commercial Division, Westchester County. Justice Garguilo of the Suffolk County Commercial Division recently updated his part rules.
On August 2, 2017, Justice Emerson of the Suffolk County Commercial Division issued a decision in JBGR LLC v. Chicago Title Insurance Co., 2017 NY Slip Op. 51006(U), denying a motion to amend an answer filed after the Note of Issue date because of prejudice to the plaintiff, explaining: While leave to amend a pleading… Read more »
Justice Andrea Masley, newly-assigned to the New York County Commercial Division, recently posted her part rules, trial rules and PC order.
Justice Andrea Masley, previously assigned to Part 25, has been reassigned to the New York County Commercial Division. Justice Masley will take over the Commercial Division cases previously assigned to Justice Oing, who has been elevated to the First Department. Justice Masley will take over Justice Oing’s part, Part 48, in Courtroom 242 at 60… Read more »
On June 27, 2017, the Court of Appeals accepted two certified questions from the Second Circuit in E.J. Brooks Co. v. Cambridge Sec. Seals, 2017 NY Slip Op 78277: 1. “[W]hether, under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment can recover damages that are… Read more »
On June 21, 2017, the Second Department issued a decision in Atmara, Inc. v. Panoramic Ace Properties, Inc., 2017 NY Slip Op. 05060, vacating a dismissal for failure to prosecute because no 90-day demand to file a note of issue was made, explaining: While the failure to comply with a court order directing the filing… Read more »
On June 6, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision in Lanmark Group, Inc. v. New York City School Construction Authority, 2017 NY Slip Op. 31244(U), rejecting an argument that a summons with notice did not provide sufficient notice of the plaintiff’s claims, explaining: As to the sufficiency of… Read more »
On May 9, 2017, the First Department issued a decision in IRX Therapeutics, Inc. v. Landry, 2017 NY Slip Op. 03702, affirming the dismissal of a first-filed New York action in favor of a more comprehensive subsequently-filed action in Texas, explaining: [T]he motion court providently exercised its discretion in dismissing this action based on the… Read more »