Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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January 31, 2022 New Commercial Division Rule Mandates Settlement Conference After Filing of Note of Issue
On January 7, 2022, Chief Administrative Judge Lawrence J. Marks amended Commercial Division Rule 30 to mandate that "parties in every case pending in the Commercial Division must participate in a court-ordered mandatory settlement conference (MSC) following the filing of a Note of Issue." Read More
October 8, 2021 Settlement Agreement Providing that Trustees to Distribute Shares as if "Subsequent Recovery" Ignored as "Gap Filler"
On August 19, 2021, in Matter of Wells Fargo Bank v Aegon USA Inv. Mgt., LLC, 2021 NY Slip Op 04740,… Read More
March 12, 2019 Stipulation to Support Class Action Settlement Unenforceable
On February 14, 2019, the First Department issued a decision in Cohen v. Saks Inc., 2019 NY Slip O… Read More
December 29, 2018 Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements
On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in W… Read More
December 21, 2018 Defendant Ratified Settlement Agreement By Accepting Benefits Despite Failure to Satisfy Express Condition
On December 13, 2018, the First Department issued a decision in GEM Holdco, LLC v. RDX Tech. Corp., … Read More
April 1, 2018 Court Lacks Jurisdiction to Decide Motions Filed After Action Voluntarily Discontinued
On March 13, 2018, Justice Knipel of the Kings County Commercial Division issued a decision in Nemir… Read More
March 31, 2018 Court Vacates Stipulation of Discontinuance Without Prejudice and Reinstates Claim Against Former Defendant
On March 14, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in… Read More
January 27, 2016 Settlement Agreement Not Improper Mary Carter Agreement Increasing Other Defendant's Liability
On January 14, 2016, the Third Department issued a decision in Reutzel v. Hunter Yes, Inc., 2016 NY … Read More
April 17, 2015 Settlement Signed By Counsel Binding On Client
In Gordon v. The City of New York, 09 CV 04577 (E.D.N.Y. Mar. 31, 2015), Judge Edward R. Korman gran… Read More