On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Lexington Insurance Co., 2018 NY Slip Op. 04095, holding that a plaintiff was not prejudiced by an amendment to an answer, explaining: The motion court did not abuse its discretion in granting defendant’s motion to amend its answer. Plaintiff’s… Read more »
Blogs
Posts Categorized: Court Rules/Procedures
Justice Schecter Posts Part Rules
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently posted her individual practices.
Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference
On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip Op. 03692, holding that the IAS court erred in striking the defendant’s answer for failure to appear at a court conference where there was no evidence that the defendant had notice of the conference, explaining: Generally, to… Read more »
Justices Hudson and Garugilo Update Part Rules
Justice James Hudson of the Suffolk County Commercial Division recently updated his part rules. Justice Jerry Garugilo of the Suffolk County Commercial Division recently updated his part rules.
Justice Walsh Posts Part Rules
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently posted her individual practices.
Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Overtime Partners, Inc. v. 320 W. 31st Assoc., LLC, 2018 NY Slip Op. 30807(U), invoking CPLR 3212 and Commercial Division Rule 9 in conducting an immediate hearing on the only factual issue in dispute in an action for,… Read more »
Justice Risi Posts Part Rules
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his individual practices.
Motion to Amend Denied Because of Undue Delay
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Med-Mac Realty Co., Inc. v. Modell, 2018 NY Slip Op. 30409(U), denying a motion to amend an answer because of undue delay, explaining: A motion seeking leave to amend a pleading pursuant to CPLR 3025(b) is generally freely… 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 changes to the Commercial Division rules: On March 14, 2018, the OCA proposed a new rule that would change the page limits for briefs to word limits. The proposed limits are 7,000 words for briefs, memoranda of law in support or opposition… Read more »
Prior Tenant Not Necessary Party to Action for Damages Arising From Later Tenant’s Tenancy
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 2018 NY Slip Op. 01870, holding that a prior tenant was not a necessary party to an action for damages arising from a later tenancy, explaining: Pursuant to section 7.1(a) of the lease, which is the basis… Read more »