Blogs

Posts Categorized: Court Rules/Procedures

Posted: February 14, 2019

A Lawyer’s Failure to Have an Office in New York Does Not Doom Cases Filed by That Lawyer

On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Cheyne Specialty Fin. Fund L.P., 2019 NY Slip Op. 01124, holding that a lawyer’s failure to have an office in New York does not render void actions filed by that lawyer, explaining: An attorney who is regularly admitted... Read more »

Posted: February 12, 2019

Third-Party Complaint Improper When Third-Party Defendants Not Liable for all or Part of Plaintiff’s Claims Against Defendant

On December 12, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Rubinoff v Yunatanov, 2018 NY Slip Op. 33482(U),dismissing a third-party complaint because the third-party defendants were not allged to be liable for all or pat of the plaintiff’s claims against the defendant, explaining: The plaintiffs began the instant action... Read more »

Posted: February 10, 2019

Plaintiff Allowed to Correct Caption When It Mistakenly Sued Under Incorrect Name

On January 4, 2019, Justice Masley of the New York County Commercial Division issued a decision in Latin Mkts. Brazil, LLC v. Salsinha, 2019 NY Slip Op. 30201(U), allowing a plaintiff to correct a case caption when the plaintiff mistakenly sued under the incorrect name, explaining: Defendant objects to the original plaintiff Markets Group, Inc. as an... Read more »

Posted: January 19, 2019

Court Grants Extension of Time To Serve Defendant Even Though Plaintiff Did Not Provide Good Cause for Failure Timely to Serve

On November 5, 2018, Justice Livote of the Queens County Commercial Division issued a decision in FCS Group, LLC v. Chica, 2018 NY Slip Op. 33433(U), extending a plaintiff’s time to serve even though the plaintiff did not show good cause for failing timely to serve, explaining: CPLR 32ll(a)(8) provides that a party may move the... Read more »

Posted: January 18, 2019

Delay Not Fatal to Motion to Amend

On November 14, 2018, Justice Grays of the Queens County Commercial Division issued a decision in Energy Conservation Group, LLC v. Applied Underwriters, Inc., 2018 NY Slip Op. 33436(U), granting a motion to amend even though there was a delay in making the motion, explaining: CPLR §3025(b) provides that leave to amend a pleading shall be freely given... Read more »

Posted: December 30, 2018

Claims Adding New Defendants Related-Back to Original Claims Even Though New Defendants Could Have Been Identified Earlier

On December 20, 2018, the Third Department issued a decision in NYAHSA Servs., Inc., Self-Insurance Trust v. People Care Inc., 2018 NY Slip Op. 08735, holding that claims adding new defendants related-back to the date of the original claims even though the new defendants could have been identified earlier, explaining: [I]n order to avoid dismissal, it... Read more »

Posted: December 29, 2018

Written Agreement Requirement of CPLR 2104 Does Not Apply to Pre-Litigation Settlements

On November 8, 2018, Justice Hudson of the Suffolk County Commercial Division issued a decision in Walter Boss, Inc. v. Roncalli Freight Co., Inc., 2018 NY Slip Op 51891(U), holding that CPLR 2104’s requirement that a stipulation of settlement be in writing does not apply to the settlement of disputes before litigation, explaining: CPLR 2104... Read more »