On March 28, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in McCord v. Ghazal, 2014 NY Slip Op. 24086, ruling that the plaintiffs’ mistaken uploading of the wrong complaint upon commencing an action through the New York State Courts Electronic Filing System could be corrected pursuant to CPLR 2001, and the proper pleading... Read more »
Posts Categorized: Court Rules/Procedures
The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule states that parties and nonparties “should adhere to the Commercial Division’s Guidelines for Discovery of . . . ESI from Nonparties. Those Guidelines were developed by the Advisory Council with input from, among... Read more »
The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. Generally, under the proposed new rule: any party would be able to seek assignment of a case to the Commercial Division by filing, within 90 days of service of the complaint, a Commercial Division... Read more »
The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. Generally, the proposal: seeks to promote more efficient, cost-effective pretrial disclosure by establishing a “preference” in the Commercial Division for the use of “categorical designations” rather than document-by-document logging. The parties would be expected to... Read more »
On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petroleum Marketing Inc., 2014 NY Slip Op. 02139, sanctioning a defendant that submitted a deficient record on appeal. In Getty Properties, the First Department both denied the defendants’ appeal and sanctioned them for submitting a “deficient” record on appeal,... Read more »
On March 27, 2014, the First Department issued a decision in Abreu v. Barkin & Associates Realty, Inc., 2014 NY Slip Op. 02146, clarifying that an offer of judgment under CPLR 3220 entitles the offering party not just to costs but also to its attorneys’ fees related to proving damages.
On March 17, 2014, the New York County Commercial Division announced an experimental program to use hyperlinks and bookmarking in e-filed cases. The full text of the statement is repeated below:
On March 6, 2014, Justice Friedman of the New York County Commercial Division issued a decision in CMS Life Insurance Opportunity Fund, L.P. v. Progressive Capital Solutions, LLC, 2014 NY Slip Op. 30592(U), granting a defendant’s insurer’s motion to intervene. In CMS Life Insurance Opportunity Fund, the plaintiffs filed their second amended complaint against Progressive... Read more »
On March 5, 2014, Justice Karalunas of the Onondaga County Commercial Division issued a decision in Varano v. FORBA Holdings, LLC, 2014 NY Slip Op. 50312(U), addressing inappropriate counsel contact with jurors. We have excerpted Justice Karalunas’s opinion below. We think the practice tips are plain: In a decision dated November 18, 2013 and order dated... Read more »
Newly-appointed Justice Saliann Scarpulla of the New York County Commercial Division recently posted her Individual Practices.