Posts Categorized: Court Rules/Procedures

Posted: September 5, 2014

Attorney Affidavit Admitted in Support of Motion for Summary Judgment

On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in ZV NY, Inc. v. Moskowitz, 2014 NY Slip Op. 51338(U), explaining the circumstances in which an attorney affidavit may be used to support a motion for summary judgment. In ZV NY, a commercial landlord-tenant dispute, the defendant opposed the... Read more »

Posted: September 2, 2014

Second Department Affirms Trial Court Decision Modifying Settlement Agreement

On August 27, 2014, the Second Department issued a decision in Mochkin v. Mochkin, 2014 NY Slip Op. 05963, affirming a trial court decision modifying a settlement agreement that had been entered on the record before it. In Mochkin, the parties settled a dispute between them “in a stipulation of settlement dated July 25, 2011, which was so-ordered by the... Read more »

Posted: September 1, 2014

Court Cites Champerty Law in Denying Motion to Substitute Parties

On August 19, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Melcher v. Greenberg Traurig LLP, 2014 NY Slip Op. 51296(U), citing New York’s champerty law in denying a motion to substitute parties. In Melcher, the 74 year-old plaintiff in a Judiciary Law §487 action moved to substitute “a... Read more »

Posted: August 22, 2014

Exchange of E-mails Did Not Create Binding Settlement Agreement

On August 6, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Rubin v. Deckelbaum, 2014 NY Slip Op. 32150(U), declining to find that an exchange of e-mails had created a binding settlement agreement. In Rubin, the defendant moved for judgment dismissing the complaint based on an out-of-court settlement agreement that... Read more »

Posted: August 18, 2014

Second Department Analyzes Rules Applying to the Admissibility of Out-of-State Affidavits

On August 13, 2014, the Second Department issued a decision in Midfirst Bank v. Agho, 2014 NY Slip Op. 05778, clarifying the law relating to the conformity of out-of-state affidavits as required by CPLR 2309(c). In Midfirst Bank, the Second Department prefaced its decision with an explanation of the salience of the foreign affidavit issue: Our Court is observing... Read more »

Posted: August 15, 2014

Commercial Division Rules Amended to Add Rule Regarding Discovery of Non-Party ESI

The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of electronically-stored information from non-parties. The new Commercial Division Rule 11-c and Appendix A, which goes into effect on September 2, 2014, provides: Rule 11-c. Discovery of Electronically Stored Information from Nonparties. Parties and nonparties should adhere to the Commercial... Read more »

Posted: August 11, 2014

Court Reminds Counsel of Procedure for Citing to Electronically-Filed Documents

On July 31, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in MBIA Insurance Corp. v. Credit Suisse Securities (USA) LLC, 2014 NY Slip Op. 32025(U), raising in a footnote the issue of citation to electronically-filed exhibits. The decision in MBIA Insurance Corp. is about a discovery dispute. This post, however,... Read more »

Posted: August 1, 2014

Legal Argument to be in Memorandum of Law, Not Attorney Affirmation

On July 17, 2014, Justice Bransten of the New York County Commercial division issued a decision in Response Personnel, Inc. v. Aschenbrenner, 2014 NY Slip Op. 31948(U), reminding counsel to make legal argument in a memorandum of law, not an attorney affirmation. In Response Personnel, the court decided a motion for summary judgment. In the... Read more »