Monthly Archives: July 2018

Posted: July 2, 2018

Court Should Have Transferred Case; Plaintiff Failed to Show That Chosen Venue Was Proper

On June 27, 2018, the Second Department issued a decision in Patiwana v. Shah, 2018 NY Slip Op. 04746, holding that the Supreme Court should have transferred a case because the plaintiffs failed to show that their chosen venue was proper, explaining: CPLR 503(a) provides, in pertinent part, except where otherwise prescribed by law, the... Read more »

Posted: July 1, 2018

Court Rejects Unsigned Agreement Offered as Documentary Evidence Under 3211(a)(1)

On June 18, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Taurus Petroleum Ltd. v. Global Emerging Markets North America, Inc., 2018 NY Slip Op. 31264(U), rejecting an unsigned agreement offered as documentary evidence under CPLR 3211(a)(1), explaining: To succeed on a motion to dismiss pursuant to CPLR ยง... Read more »