Commercial Division Blog

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

Posts Categorized: Commercial

Posted: March 22, 2020

New York Courts Prohibit Filings in Non-Essential Matters

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 »

Posted: March 22, 2020

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 »

Posted: March 21, 2020

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 »

Posted: March 20, 2020

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 »

Posted: March 19, 2020

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 »

Posted: March 18, 2020

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 »