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Posts Categorized: Court Rules/Procedures

Posted: 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 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 »

Posted: 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 Bank & Trust Co., 2017 NY Slip Op. 03290, affirming the dismissal of an action to overturn an earlier judgment based on fraud on the court, explaining: To the extent that the amended complaint alleged fraud, misrepresentation, or other… Read more »

Posted: 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 Commercial Division rules: First, the OCA has proposed amendments of Commercial Division Practice Rules 10 and 11: to require counsel for each party to certify to the court that they have discussed with their clients the availability of Alternative… Read more »

Posted: 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 Javoroski v. SelectQuote Insurance Service, Inc., 2017 NY Slip Op. 50465(U), dismissing an action because of the plaintiff’s failure timely to respond to a demand for a complaint. In Javoroski, the plaintiff initiated an action by filing a Summons… Read more »

Posted: 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 Op. 01662, affirming the denial of a motion for vacatur for failing timely to bring it, explaining: Defendant failed to show, in support of vacatur pursuant to CPLR 5015(a)(2), that the agreements in which plaintiffs allegedly released him… Read more »