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 »
Posts Categorized: Court Rules/Procedures
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual practices.
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 email@example.com… Read more »
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 »
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 »
On October 23, 2017, Justice Masley of the New York County Commercial Division issued a decision in Kaplan v. Ladenburg Thalmann & Co., Inc., 2017 NY Slip Op. 32282(U), denying a motion to amend an answer to correct a mistaken statement, explaining: Leave to amend shall be freely given upon such terms as may be… Read more »
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 »
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 »