On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no longer will accept filings in matters other than those deemed essential. In the Supreme Court, essential civil matters are: Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release MHL hearings addressing the involuntary administration of medication... Read more »
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Commercial Division Blog
Posts Categorized: Commercial
Voluntary Payment Doctrine Prevents Tenant From Recovering Overpayments to Landlord
On February 28, 2020, Justice Borrok of the New York County Commercial Division issued a decision in A&B Deli Inc. v 251 Sixth Ave., LLC, 2020 NY Slip Op. 30650(U), holding that the voluntary payment doctrine prevented a tenant from recovering overpayments to its landlord, explaining: The common-law voluntary payment doctrine bars recovery of payments... Read more »
New York Tolls Statue of Limitations for 30 Days
On March 20, 2020, New York Governor Andrew Cuomo issued an Executive Order tolling statutes of limitations and certain other deadlines through April 19, 2020. With respect to tolling, the order provides that: any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as... Read more »
Conflict Not Disqualifying When Prior Representation Unrelated to Current One
On March 4, 2020, Justice Emerson of the Suffolk County Commercial Division issued a decision in Shoreham Hills, LLC v. Sagaponack Dream House, LLC, 2020 NY Slip Op. 50326(U), holding that a conflict was not disqualifying when the prior representation was unrelated to the current representation, explaining: The plaintiffs seeks disqualification of the defendants’ attorney,... Read more »
Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304
On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit in CIT Bank v. Schiffman: “(1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL [Real Property Actions and Proceedings Law] § 1304 through proof of a standard office mailing procedure, and the defendant both denies receipt and... Read more »
New York State Courts Further Limit Civil Litigation During COVID-19 Outbreak
On March 19, 2020, Chief Administrative Judge Marks issued an order limiting civil litigation in the New York state courts during the present crisis. The order provides: 1. Civil Litigation Generally: The prosecution of pending civil matters (including discovery) in a manner that requires in-person appearances or travel, or otherwise requires actions inconsistent with prevailing... Read more »
State Courts in Manhattan Further Restrict Operations
Today, the New York state courts in New York County (Manhattan) announced further limitations to their operations in response to the COVID-19 crisis. The order provides: Court facilities at 71 Thomas Street and 80 Centre Street, including the Public Access Law Library, are closed to the public; The court will hear only essential applications –... Read more »
Justices Schecter and Masley Announce Procedures Relating to COVID-19
New York County Commercial Division Justices Schecter and Masley have announced new part rules relating to the COVID-19 crisis.
Forum Non Conveniens Dismissal Upheld on Appeal
On February 25, 2020, the First Department issued a decision in Al Rushaid Parker Drilling Ltd. v. Byrne Modular Bldgs. L.L.C., 2020 NY Slip Op. 01277, upholding a forum non conveniens dismissal, explaining: In each of the subject actions, Supreme Court, after considering all the relevant factors (see Islamic Republic of Iran v Pahlavi, 62... Read more »
We are Open For Business (Just not in the Office)
We hope that all are well in these chaotic times. We want everyone to know that while our offices are closed, we are fully functioning and open for business. We are just working remotely rather than at our desks. If there is anything we can do to help you, please let us know. E-mail is... Read more »