Posts Categorized: Court Rules/Procedures

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 »

Posted: September 23, 2020

Performance or Occurrence of a Condition Precedent in a Contract Need not be Pleaded

On September 8, 2020, Justice Masley of the New York County Commercial Division issued a decision in CSC Holdings, LLC v. Samsung Elecs. Am., Inc., 2020 NY Slip Op. 32956(U), holding that the performance or occurrence of a condition precedent in a contract need not be pleaded, explaining: Samsung further argues that this claim should... Read more »

Posted: September 10, 2020

Motion to Amend Granted; Delay and Additional Potential Liability Not Sufficient Grounds for Denial

On September 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in New York Univ. v. Turner Constr. Co., 2020 NY Slip Op. 51030(U), holding that the need to conduct additional discovery or additional liability were not prejudice for purposes of a motion to amend, explaining: [T]urning to prejudice, although... Read more »

Posted: September 1, 2020

Answer to Amended Complaint May Contain Affirmative Defenses That Could Have Been, But Were Not, Raised in Initial Answer

On August 26, 2020, the Second Department issued a decision in Seidler v. Knopf, 2020 NY Slip Op. 04799, holding that an answer to an amended complaint may contain affirmative defenses that could have been raised in an earlier answer, but were not, explaining: When an amended complaint has been served, it supersedes the original... Read more »