Posts Categorized: Court Rules/Procedures

Posted: May 16, 2020

Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213

On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechnology Corp., 2020 NY Slip Op. 02877, holding that a note requiring a defendant to become registered on an exchange is not an instrument for the payment of money only under CPLR 3213, explaining: The note upon which plaintiff... Read more »

Posted: May 9, 2020

Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain

On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. Dancy Auto Group, LLC, 2020 NY Slip Op. 02638, holding that a plaintiff was entitled to summary judgment in lieu of complaint on a guaranty even though the guaranty was not for a sum certain, explaining: We agree... Read more »

Posted: May 4, 2020

New York State Courts Continue Slowly to Reopen

On April 30, 2020, Chief Administrative Judge Marks issued a memorandum to trial court justices and judges directing a partial reopening of the trial courts. Key points: New filings in non-essential matters still are prohibited. Virtual court proceedings will expand: “New motions, responsive papers to previously filed motions, and other applications (including post-judgment applications) may... Read more »

Posted: April 20, 2020

Law of the Case Doctrine Applies to Separate Cases That Have Been Consolidated for Joint Trial

On April 10, 2020, Justice Cohen of the New York County Commercial Division issued a decision in Darabont v. AMC Network Entertainment LLC, 2020 NY Slip Op. 30926(U), holding that the law of the case doctrine applies to cases that have been consolidated for joint trial, explaining: Defendants’ argument that the law of the case... Read more »

Posted: April 19, 2020

Court Did Not Abuse Discretion in Dismissing Years-Old Action Without Prejudice

On April 16, 2020, the Third Department issued a decision in Green Tree Servicing LLC v. Shiow Fei Ju, 2020 NY Slip Op. 02307, holding that a trial court did not err in dismissing a years-old action without prejudice, explaining: Defendant contends that Supreme Court erred in granting plaintiff’s motion without prejudice because plaintiff has... Read more »

Posted: April 6, 2020

Court Declines to Dismiss New York Action in Favor of First-Filed Delaware Action

On March 26, 2020, the First Department issued a decision in XL Specialty Ins. Co. v. Continental Cas. Co., 2020 NY Slip Op. 02116, affirmed a trial court’s refusal to dismiss an action in favor of an earlier-filed lawsuit in Delaware, explaining: Supreme Court providently exercised its discretion in denying defendants’ motions to dismiss pursuant... Read more »

Posted: April 2, 2020

New York Courts Clarify E-Filing Rules for Essential Matters

The New York State courts have issued guidance and a new form relating to the filing of papers in essential matters. That guidance provides: Non-essential matters will NOT be accepted for Filing Due to the suspension of civil statutes of limitation by the Governor’s executive order 202.8, and in accordance with administrative order AO/78/20 all... Read more »

Posted: March 22, 2020

New York Courts Prohibit Filings in Non-Essential Matters

On March 22, 2020, Chief Administrative Judge Marks issued an order providing that the courts no longer will accept filings in matters other than those deemed essential. In the Supreme Court, essential civil matters are: Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release MHL hearings addressing the involuntary administration of medication... Read more »