Blogs

Posts Categorized: Court Rules/Procedures

Posted: April 23, 2014

Acting as Sub-landlord Doing Business Within the Meaning of BCL Prohibition on Foreign Unregistered Business Lawsuits

On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC-S, Inc. v. Laura Realty Co., 2014 NY Slip Op. 50650(U), analyzing whether the plaintiff was a foreign corporation not registered to do business in New York. In MKC-S, the plaintiff moved for a Yellowstone injunction. The defendant, its… Read more »

Posted: April 21, 2014

Use of New York Bank To Facilitate Dollar Transfers In a Foreign Exchange Transaction Not Sufficient to Avoid Forum Non Conveniens Dismissal

On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosaibi & Brothers Co., 2014 NY Slip Op. 02381, dismissing, under the doctrine of forum non conveniens, a lawsuit arising from a foreign exchange transaction between foreign parties, where the claim had only a peripheral connection to New York—i.e.,… Read more »

Posted: April 14, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. This is the fifth proposed Commercial Division rule change on which the court has sought comment in the past two weeks. The proposed new rule would require Commercial Division justices to schedule “oral argument on… Read more »

Posted: April 11, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. This is the fourth proposed Commercial Division rule change on which the court has sought comment in the past two weeks. The proposed change would amend Commercial Division Rule 8(a) to add an additional topic… Read more »

Posted: April 9, 2014

Uploading of Incorrect Commencing Document In E-Filing System Was Correctable Error Under CPLR 2001

On March 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in McCord v. Ghazal, 2014 NY Slip Op. 24086, ruling that the plaintiffs’ mistaken uploading of the wrong complaint upon commencing an action through the New York State Courts Electronic Filing System could be corrected pursuant to CPLR 2001, and the proper pleading… Read more »

Posted: April 8, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule states that parties and nonparties “should adhere to the Commercial Division’s Guidelines for Discovery of . . . ESI from Nonparties. Those Guidelines were developed by the Advisory Council with input from, among… Read more »

Posted: April 3, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. Generally, the proposal: seeks to promote more efficient, cost-effective pretrial disclosure by establishing a “preference” in the Commercial Division for the use of “categorical designations” rather than document-by-document logging. The parties would be expected to… Read more »

Posted: March 30, 2014

Appellant Sanctioned for Submitting Deficient Record on Appeal

On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petroleum Marketing Inc., 2014 NY Slip Op. 02139, sanctioning a defendant that submitted a deficient record on appeal. In Getty Properties, the First Department both denied the defendants’ appeal and sanctioned them for submitting a “deficient” record on appeal,… Read more »