On July 2, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Solomon Capital, LLC v. Lion Biotechnologies, Inc., 2020 NY Slip Op. 32154(U), dismissing an action for failure to file a Note of Issue, explaining: Defendant brings this motion as they allege plaintiffs have failed to prosecute this action... Read more »
Blogs
Posts Categorized: Court Rules/Procedures
Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF Inc. v. Andron Constr. Corp., 2020 NY Slip Op. 31980(U), rejecting a cross-motion for summary judgment made after the statutory deadline for filing, explaining: [T]he branch of the cross motion for summary judgment dismissing the seventh cause of... Read more »
Delay in Moving to Amend No Basis for Denying Motion if There is no Prejudice
On June 18, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Dual Diagnosis Treatment v. Complete Bus. Solutions, 2020 NY Slip Op. 31936(U), holding that delay in moving to amend is no basis for denying the motion if the other party is not prejudiced, explaining: Pursuant to CPLR §... Read more »
That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective
On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fisher v. Stone, 2020 NY Slip Op. 31732(U), holding that the fact that the plaintiff, rather than the defendant (as required by CPLR 2104), filed a stipulation of settlement did not render the settlement ineffective, explaining: CPLR 2104... Read more »
New Case Filings to be Permitted in New York State Courts Starting Monday
On May 20, 2020, Chief Administrative Judge Marks announced that starting on Monday, May 25, 2020, “e-filing through the NYSCEF system–including the filing of new non-essential matters–will be restored in those counties of the state that have not yet met the benchmarks required to participate in the Governor’s regional reopening plan,” including “the five New... Read more »
Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechnology Corp., 2020 NY Slip Op. 02877, holding that a note requiring a defendant to become registered on an exchange is not an instrument for the payment of money only under CPLR 3213, explaining: The note upon which plaintiff... Read more »
Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. Dancy Auto Group, LLC, 2020 NY Slip Op. 02638, holding that a plaintiff was entitled to summary judgment in lieu of complaint on a guaranty even though the guaranty was not for a sum certain, explaining: We agree... Read more »
New York State Courts Continue Slowly to Reopen
On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and judges directing a partial reopening of the trial courts. Key points: New filings in non-essential matters still are prohibited. Virtual court proceedings will expand: “New motions, responsive papers to previously filed motions, and other applications (including post-judgment applications) may... Read more »
NYSBA CLE: How To Seal Documents in the Commercial Division
On Wednesday April 22, 2020, the Commercial and Federal Litigation Section of the New York State Bar Association will present a CLE on how to seal documents in the Commercial Division. It will be held from 10:00 AM to 11:00 AM. To register, click on this link.
Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial
On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Darabont v. AMC Network Entertainment LLC, 2020 NY Slip Op. 30926(U), holding that the law of the case doctrine applies to cases that have been consolidated for joint trial, explaining: Defendants’ argument that the law of the case... Read more »