Blogs

Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP

Posts Categorized: Commercial

Posted: July 11, 2014

Commercial Division Rules Amended to Add Rules Regarding Case Assignment and Privilege Logs

The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of cases to the Commercial Division and (2) adding a new rule regarding the preparation of privilege logs. The amended NYCRR § 202.70(d) – (e), which goes into effect on September 2, 2014, provides regarding assignment of cases to the Commercial Division: Assignment... Read more »

Posted: July 11, 2014

Trade Secrets Discoverable From Non-Party Only When Relevant, Indispensable and Not Otherwise Acquirable

On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, 2014 NY Slip Op. 05153, quashing those parts of a non-party that sought the production of trade secrets. In Ferolito, the plaintiff moved to compel compliance with a subpoena it served on non-party Morgan Stanley & Co., LLC.... Read more »

Posted: July 10, 2014

Opportunity to Comment on Proposed Change to Joint Rules of the Appellate Division

The Office of Court Administration has asked for public comment on a proposed change to the Joint Rules of the Appellate Division. The proposed new rule would require law firm engagement letters to inform clients about the ADR programs available on the Unified Court System’s website. E-mail comments to rulecomments@nycourts.gov by September 8, 2014. NOTE:... Read more »

Posted: July 9, 2014

Nominations for the 2014 ABA Journal Blawg 100

To our readers: The ABA Journal is now accepting nominations for the 2014 ABA Journal Blawg 100. If you would like to nominate this blog (and we hope you do), you can do it here. The URL for this blog is http://ednyblog.com. Nominations are due no later than August 8, 2014.

Posted: July 9, 2014

Nominations for the 2014 ABA Journal Blawg 100

To our readers: The ABA Journal is now accepting nominations for the 2014 ABA Journal Blawg 100.  If you would like to nominate this blog (and we hope you do), you can do it here. The URL for this blog is http://commercialdivisionblog.com. Nominations are due no later than August 8, 2014.

Posted: July 9, 2014

Notarization by Consular Official Meets CPLR 2309 Authentication Requirement

On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokolowski v. Wodkiewicz, 2014 NY Slip Op. 31709(U), holding that notarization by a consular official met the authentication requirements of CPLR 2309. In Sokolowski, the parties were litigating over the assets of a partnership. One procedural issue that arose in deciding... Read more »

Posted: July 7, 2014

Condominium Board Lacked Capacity to Bring Lawsuit Because Suit was not Formally Approved by Board

On July 2, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Board of Managers of the Clermont Greene Condominium v. Vanderbilt Mansions, LLC, 2014 NY Slip Op. 51023(U), holding that a condominium board lacked capacity to bring the action against the condominium’s sponsor because the board failed formally to vote... Read more »

Posted: July 6, 2014

Commissions for Out-of-State Discovery Not Issued When No Showing that Proposed Deponent Would Not Give Discovery Voluntarily

On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Vasomedical, Inc. v. Barron, 2014 NY Slip Op. 51015(U), denying a motion for commissions to take discovery outside New York. In Vasomedical, the defendants sought commissions to take depositions outside New York state. Except for the application that was... Read more »

Posted: July 5, 2014

Specific Indemnification Provision Trumps General One

On June 24, 2014, the First Department issued a decision in Plymouth Financial Co., Inc. v. Plymouth Park Tax Services LLC, 2014 NY Slip Op. 04686, interpreting conflicting indemnification provisions in an asset purchase agreement. In Plymouth Financial, the parties disagreed on the distribution of a $1 million “hold-back payment” detailed in their asset purchase... Read more »