Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his individual practices.
Blogs
Posts Categorized: Court Rules/Procedures
Justice Karalunas Updates Part Rules
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individual practices.
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
Opportunity to Comment on Proposed Change to Commercial Division Rules
The Office of Court Administration has asked for public comment on a proposed proposed amendment to Commercial Division Rule 6 to “to require legal memoranda to include hyperlinks to NYSCEF docket entries when those documents are cited and to allow judges discretion in determining whether to require hyperlinking for cases, statutes, and rules to legal... Read more »
New York Action Properly Stayed in Favor of Prior Pending Action in New Jersey
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 NY Slip Op. 08789, holding that a New York action was properly stayed in favor of a prior pending action in New Jersey, explaining: Supreme Court providently exercised its discretion in granting and then continuing a... Read more »
Court Erred in Vacating Default When There Was No Reasonable Excuse for the Default
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 »
Dismissal of Foreclosure Action for Failure to Prosecute Vacated
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 »
Opportunity to Comment on Proposed Changes to Commercial Division Rules
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 rulecomments@nycourts.gov by September 30, 2019. Second, is a proposed amendment to Commercial Division Rule 6 to require... Read more »
Justice Masley Updates Part Rules
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
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 »