On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY Slip Op. 06474, holding that it was error to vacate a default when there was no reasonable excuse for the default, explaining: In order to vacate a default in appearing at a scheduled court conference, a plaintiff... Read more »
Posts Categorized: Court Rules/Procedures
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2019 NY Slip Op. 06529, vacating the dismissal of a foreclosure action for failure to prosecute, explaining: A pleading cannot be dismissed pursuant to CPLR 3216(a) unless a written demand is served upon the party against whom such... Read more »
The Office of Court Administration has asked for public comment on three proposed rule changes. First, is a proposed amendment to Commercial Division Rule 1 to facilitate remote video appearances by counsel. E-mail comments on this proposal to email@example.com by September 30, 2019. Second, is a proposed amendment to Commercial Division Rule 6 to require... Read more »
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
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 »
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 »
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 »
Justice Marcy S. Friedman of the New York County Commercial Division recently updated her individual practices.
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 »
On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng’g & Sys. Design, Inc., 2019 NY Slip Op. 04541, holding that a court should have vacated a Note of Issue because discovery was not complete, explaining: We agree with defendants that Supreme Court erred in denying that... Read more »