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 »
Posts Categorized: Court Rules/Procedures
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently posted her individual practices.
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 »
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.
Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently posted her individual practices.
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 »
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his individual practices.
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 »
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 »
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 »