On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 2020 NY Slip Op. 08039, holding that a plaintiff waived its right to a jury trial by pleading both legal and equitable claims, explaining: The deliberate joinder of claims for legal and equitable relief arising out of the same... Read more »
Posts Categorized: Court Rules/Procedures
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Sassoon v. CDX Diagnostics, Inc., 2020 NY Slip Op. 33913(U), denying a motion for summary judgment as untimely, explaining: This Court ordered, repeatedly, that all dispositive motion(s) shall be made within 30 days after the filing of the... Read more »
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Parlux Fragrances, LLC v. S. Carter Enters., LLC, 2020 NY Slip Op. 51245(U), holding that an incidental equitable claim does not waive the right to a jury trial, explaining: CPLR § 4101 provides that issues of fact shall... Read more »
The Office of Court Administration has asked for public comment on a proposed new Commercial Division rule regarding remote proceedings. The proposed new rule would provide: (1) If the requirements of paragraph (3) are met, the court may, with the consent of the parties, conduct an evidentiary hearing or a non-jury trial utilizing video technology.... Read more »
On September 23, 2020, Justice Masley of the New York County Commercial Division issued a decision in CPI Aerostructures, Inc. v. Air Indus. Group, 2020 NY Slip Op. 33249(U), holding that a motion for relief under Article 76 cannot be made in an earlier action that has been concluded, explaining: In the notice of motion... Read more »
On November 18, 2020, at 6:00 PM, Schlam Stone & Dolan LLP partner John Lundin will be one of the presenters at a CLE for the New York City Bar entitled Hyperlinking and Other Recent Commercial Division Developments.
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 »
On October 2, 2020, the Fourth Department issued a decision in Christiana Trust v. Rice, 2020 NY Slip Op. 05315, holding that a party may not move to amend a pleading that already has been dismissed, explaining: We agree with plaintiff that Supreme Court erred in granting defendant’s cross motion for leave to amend the... Read more »
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protective order include a Highly Confidential – Attorneys’ Eyes Only designation.
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 »