Posts Categorized: Court Rules/Procedures

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… 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 »

Posted: November 14, 2017

Successor Judge Should Have Adhered to Prior Judge’s Holdings Under Law of Case Doctrine

On November 9, 2017, the First Department issued a decision in Glaze Teriyaki, LLC v. MacArthur Properties I, LLC, 2017 NY Slip Op. 07770, holding that it was error for a successor judge not to adhere to a prior judge’s holdings under the law of the case doctrine, explaining: Despite its earlier ruling that Justice… Read more »

Posted: September 13, 2017

First Department Arguments to be Broadcast Live Over the Internet

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 »

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 »