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Posts Categorized: Court Rules/Procedures

Posted: August 16, 2017

Motion to Amend Filed After Note of Issue Date Denied Due to Prejudice to Plaintiff

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 »

Posted: June 30, 2017

Court of Appeals Accepts Certified Questions Regarding Calculation of Damages and Prejudgment Interest in Trade Secret Cases

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 »

Posted: June 27, 2017

Dismissal for Failure to Prosecute Vacated Because No 90-Day demand to File Note of Issue Made

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 »

Posted: June 24, 2017

Summons With Notice Provided Sufficient Notice of Plaintiff’s Claims

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 »

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 »