The Office of Court Administration has asked for public comment on a proposed change to the Joint Rules of the Appellate Division. The proposed new rule would require law firm engagement letters to inform clients about the ADR programs available on the Unified Court System’s website. E-mail comments to firstname.lastname@example.org by September 8, 2014. NOTE:... Read more »
Posts Categorized: Court Rules/Procedures
On July 3, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Sokolowski v. Wodkiewicz, 2014 NY Slip Op. 31709(U), holding that notarization by a consular official met the authentication requirements of CPLR 2309. In Sokolowski, the parties were litigating over the assets of a partnership. One procedural issue that arose in deciding... Read more »
The New York County Commercial Division has updated the Rules and Procedures of the Alternative Dispute Resolution Program to include rules for the pilot mandatory mediation program discussed in our January 1, 2014 post. The new rules take effect on July 28, 2014.
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
On June 26, 2014, the Court of Appeals issued a decision in Norex Petroleum Ltd. v. Blavatnik, 2014 NY Slip Op. 04802, clarifying the interplay between CPLR § 202, the “borrowing statute,” and CPLR § 205(a), the “savings statute.” CPLR § 202 provides that, when a cause of action accrues outside New York, the applicable statute of limitations... Read more »
The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. The proposed new rule would add a preamble to the Commercial Division Rules that (a) acknowledges the problems caused by dilatory tactics and counsel who fail to appear for conferences, (b) directs litigants and... Read more »
The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by adding a new rule relating to interrogatories. The new rule, Rule 11-a, which took effect on June 2, 2014, provides: Rule 11-a. Interrogatories. (a) Interrogatories are limited to 25 in number, including subparts, unless another limit is specified in the preliminary... Read more »
The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. The proposed new rule would “establish a presumptive limit of 10 depositions for each side and limit the duration of depositions to seven hours per witness.” E-mail comments to email@example.com by August 19, 2014.
On June 4, 2014, the Second Department issued a decision in Burgers Bar Five Towns, LLC v. Burger Holdings Corp., 2014 NY Slip Op. 03970, affirming the dismissal of a Franchise Sales Act claim based on the doctrine of in pari delicto. In Burgers Bar, the plaintiff sued the defendant “inter alia, to recover damages... Read more »
On June 4, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Amazon Properties US, LLC v. Park Avenue Bank, 2014 NY Slip Op. 50862(U), dismissing boilerplate affirmative defenses. In Amazon Properties, the plaintiff sued for “breach of contract, breach of the implied covenant of good faith and fair dealing, interference... Read more »