Posts Categorized: Court Rules/Procedures

Posted: January 14, 2021

Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims

On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 2020 NY Slip Op. 08039, holding that a plaintiff waived its right to a jury trial by pleading both legal and equitable claims, explaining: The deliberate joinder of claims for legal and equitable relief arising out of the same... Read more »

Posted: December 10, 2020

Motion for Summary Judgment Denied as Untimely

On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sassoon v. CDX Diagnostics, Inc., 2020 NY Slip Op. 33913(U), denying a motion for summary judgment as untimely, explaining: This Court ordered, repeatedly, that all dispositive motion(s) shall be made within 30 days after the filing of the... Read more »

Posted: October 29, 2020

Opportunity to Comment on Proposed Commercial Division Rule re: Remote Proceedings

The Office of Court Administration has asked for public comment on a proposed new Commercial Division rule regarding remote proceedings. The proposed new rule would provide: (1) If the requirements of paragraph (3) are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.... Read more »

Posted: October 27, 2020

Motion for Relief Under Article 76 Cannot be Made in an Earlier Action That Has Been Concluded

On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in CPI Aerostructures, Inc. v. Air Indus. Group, 2020 NY Slip Op. 33249(U), holding that a motion for relief under Article 76 cannot be made in an earlier action that has been concluded, explaining: In the notice of motion... Read more »

Posted: October 21, 2020

COVID-19 Pandemic No Excuse for Failing to Respond to Motion

On September 30, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Express Trade Capital, Inc. v. Horowitz, 2020 NY Slip Op. 33223(U), holding that the COVID-19 pandemic was not an excuse for failing to respond to a motion, explaining: Defendants also appear to assert that they have an excuse... Read more »

Posted: September 30, 2020

Hyperlinking Now Mandatory in the Commercial Division

On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking to previously-filed NYSEF documents mandatory and requires that “[u]nless otherwise directed by the Court or provided in the Court’s individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface.” The implementation of mandatory hyperlinking will... Read more »