Blogs

Posts Categorized: Court Rules/Procedures

Posted: August 14, 2019

Out-of-State Business’s Failure to Register in New York Caused it to Lack Standing to Sue

On July 24, 2019 Justice Borrok of the New York County Commercial Division issued a decision in Intelligent Tech. & Design, D.O.O. v. NY Renaissance Corp., 2019 NY Slip Op. 32256(U), holding that an out-of-state business’s failure to register in New York caused it to lack standing to sue, explaining: Section 808(a) of the New York... Read more »

Posted: July 5, 2019

Commercial Division Justice Will Not Stay First-Filed Securities Act Case in Favor of Later-Filed Action in SDNY

On June 21, 2019, Justice Ostrager of the New York County Commercial Division issued a decision in Hoffman v. AT&T Inc., 2019 NY Slip Op. 31811(U), refusing to stay a first-filed Securities Act case in favor of a later-filed Securities Act action in federal court, explaining: Prior to the creation of the Commercial Division of... Read more »

Posted: June 21, 2019

GBL 13 Claim for Malicious Service of Process on the Sabbath Dismissed for Lack of Allegations of Malice

On May 28, 2019 Justice Knipel of the Kings County Commercial Division issued a decision in Hargrove v. Hargrove-Boynton, 2019 NY Slip Op. 31632(U), dismissing a GBL 13 claim for malicious service on the sabbath for lack of allegations of malice, explaining: Contrary to defendant’s contention, she is not entitled to a hearing on whether... Read more »

Posted: June 15, 2019

Remedy for Motion Court’s Refusal to Sign Order to Show Cause is Appeal, Not Re-submission to a Different Judge

On June 12, 2019, the Second Department issued a decision in Cypress Hills Mgt., Inc. v. Lempenski, 2019 NY Slip Op. 04677, holding that a litigant’s remedy if a judge refuses to sign an order to show cause is an appeal, not to resubmit the order to a different judge, explaining: After defaulting in this... Read more »

Posted: April 30, 2019

Court Should Not Have Sua Sponte Dismissed Action for Want of Prosecution

On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip Op. 02697, holding that trial court should not have sua sponte dismissed an action for want of prosecution, explaining: The Supreme Court should not have, in effect, pursuant to CPLR 3216, sua sponte, dismissed the amended complaint, as the... Read more »

Posted: March 22, 2019

Judicial Estoppel Bars Defendant From Taking Factual Position Different From That Taken in Earlier Actions or Proceedings

On February 28, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Whiteman Osterman & Hanna, LLP v. Preserve Assoc., LLC, 2019 NY Slip Op. 29056, holding that judicial estoppel barred a defendant from taking factual position different from that taken in earlier actions or proceedings, explaining: An estoppel rests upon the... Read more »

Posted: March 7, 2019

Action Dismissed For Failure Timely to Serve Summons and Complaint

On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Plank, LLC v. Dutch Vil., LLC, 2019 NY Slip Op. 50188(U), dismissing an action for failure timely to serve the summons and complaint, explaining: CPLR 306-b requires service of process to be made within 120 days of the filing of... Read more »