On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking to previously-filed NYSEF documents mandatory and requires that “[u]nless otherwise directed by the Court or provided in the Court’s individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface.” The implementation of mandatory hyperlinking will... Read more »
Blogs
Monthly Archives: September 2020
Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC v. Pro Century Corp., 2020 NY Slip Op. 04958, affirming the dismissal of an action for failure to file a Note of Issue, explaining: Where, as here, the plaintiff is served with a 90-day demand pursuant to CPLR... Read more »
Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2020 NY Slip Op. 33030(U), barring a party from changing its factual arguments on summary judgment based on the doctrine of judicial estoppel, explaining: At the outset of... Read more »
Court Dismisses Petition to Dissolve LLC Because LLC Was Able to Conduct Business
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in Lazar v. Attena LLC, 2020 NY Slip Op. 33003(U), dismissing a petition to dissolve an LLC because the LLC was able to conduct business, explaining: Respondents argue that petitioners have failed to establish a prima facie case for... Read more »
Answer Struck Because of Defendant’s Failure Appear at Court Conferences or Respond to Discovery Demands
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Disoni LLC v. Montas, 2020 NY Slip Op. 33028(U), striking a defendant’s answer for failure to appear at court conferences or respond to discovery demands, explaining: Rule 12 of the Rules of the Commercial Division provides the failure... Read more »
Demand for a Bill of Particulars Vacated Because it Was Being Used as a Discovery Device
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v. John B. Murray Architect, LLC, 2020 NY Slip Op. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device, explaining: The bill of particulars has been abolished in... Read more »
Law Firm Disqualified Because of Acquired Law Firm’s Prior Representation of Opposing Party
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Goren v. Barnett, 2020 NY Slip Op. 32952(U), disqualifying a law firm because a firm that it had acquired previously had represented an opposing party, explaining: From 2010 to approximately 2013, the law firm of Amstein & Lehr... Read more »
Mariah Carey Entitled to Sanctions and Adverse Inference After Defendant Destroyed Relevant Evidence
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision addressing when a party is entitled to sanctions and an adverse inference at trial for the destruction of relevant evidence. In Carey v. Shakhnazarian, 2020 NY Slip Op 51040 (U), Justice Borrok confirmed longstanding New York precedent that a... Read more »
CGL Insurer Had No Duty to Defend Where Undisputed Facts Showed Policy Exclusion Applied
Posted by Bradley J. Nash, Litigation Partner On September 16, 2020, Judge Failla of the SDNY issued a decision in Philadelphia Indemnity Ins. Co. v. Streb, Inc., Case No. 19-CV-366 (KFP), ruling that a CGL carrier had no duty to defend a personal injury action because undisputed “extrinsic evidence” (i.e., facts not alleged in the... Read more »
Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded
On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in CSC Holdings, LLC v. Samsung Elecs. Am., Inc., 2020 NY Slip Op. 32956(U), holding that the performance or occurrence of a condition precedent in a contract need not be pleaded, explaining: Samsung further argues that this claim should... Read more »