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.
Blogs
Posts Categorized: Court Rules/Procedures
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 »
Party May Not Move to Amend a Pleading That Already Has Been Dismissed
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 »
Commercial Division Rules Amended to Add Highly Confidential – Attorneys’ Eyes Only Designation to Model Protective Order
On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protective order include a Highly Confidential – Attorneys’ Eyes Only designation.
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 »
Action Dismissed for Failure to File Note of Issue
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC v. Pro Century Corp., 2020 NY Slip Op. 04958, affirming the dismissal of an action for failure to file a Note of Issue, explaining: Where, as here, the plaintiff is served with a 90-day demand pursuant to CPLR... Read more »
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 »
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 »
A Party’s Death Stays an Action Until a Replacement Substitutes In
On August 14, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Atilgan v. Azuz, 2020 NY Slip Op. 32734(U), holding that a party’s death stays an action until a replacement substitutes in, explaining: The death of a party divests the court of jurisdiction and stays the proceedings until a proper... Read more »
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 »