The Office of Court Administration has asked for public comment on a proposed rule “[e]nhanc[ing] attorney certification concerning mediation in the Commercial Division.” “[T]he proposal would require that the OCA” develop and implement a “form contain[ing] categories of information about the case prescribed by the Office of Court Administration which may assist the court, counsel… Read more »
Blogs
Posts Categorized: Court Rules/Procedures
Court Stays Lawsuit in Favor of Earlier-Filed Federal Class Action
On November 14, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Matter of Qudian Sequrities Litig., 2018 NY Slip Op. 32919(U), staying a lawsuit in favor of an earlier-filed federal class action, explaining: CPLR 3211(a)(4) provides that a case may be dismissed if there is another action pending between the… Read more »
Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal
On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleum Mktg., Inc., 2018 NY Slip Op. 08076, holding that a trial court erred in revisiting its earlier decision that had been affirmed on appeal, explaining: Plaintiffs are correct that our affirmance of the prior judgment awarding prejudgment interest… Read more »
Court Erred in Vacating Order Discontinuing Action
On November 21, 2018, the Second Department issued an opinion in IndyMac Bank, FSB v. Izzo, 2018 NY Slip Op. 08014, holding that an IAS court erred in vacating an order discontinuing a foreclosure action, explaining: In March 2008, the plaintiff commenced this action to foreclose a mortgage given by the defendants Teresa E. Izzo,… Read more »
City Department of Finance Not Entitled to Two Percent Payment Fee On Abandoned Funds Transferred to Comptroller
On October 25, 2018, Justice Ramos of the New York County Commercial Division issued a decision in Swezey v. Lynch, 2018 NY Slip Op. 32810(U), holding that the City Department of Finance was not entitled to a two percent fee on abandoned funds transferred to the City Comptroller, explaining: The DOF is the custodian of court-deposited… Read more »
Plaintiff Asserting Derivative Claims Must be Represented by Counsel
On November 1, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Park v. Song, 2018 NY Slip Op. 28343, holding that a plaintiff asserting derivative claims must be represented by counsel, explaining: Whether a derivative plaintiff can maintain claims without being represented by counsel is a question of first impression under… Read more »
Action Dismissed Because GBL 130 Violation Was Not Curable
On October 30, 2018, the First Department issued a decision in Robert v. Ringerjeans, LLC, 2018 NY Slip Op. 07272, dismissing an action due to an uncurable GBL 130 violation, explaining: General Business Law § 130(9)’s prohibition against a person in violation of General Business Law § 130(1) maintaining any action or proceeding in any court in… Read more »
Court Allows Defendant to File an Answer 600 Days Late
On October 10, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Iconic Home LLC v. Franco, 2018 NY Slip Op. 32597(U), allowing a defendant to file an answer 600 days late, explaining: CPLR 3012(d) provides that upon the application of a party, the court may extend the time to appear… Read more »
Court Erred in Granting Renewal Where Movant Did Not Justify Failure to Present New Facts in Original Motion
On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester Partners, LLC, 2018 NY Slip Op. 06711, holding that it was error to grant renewal where the movant did not justify its failure to present the new facts in the original motion, explaining: To the extent that the Supreme Court… Read more »
Justice Bransten Updates Part Rules
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual practices.