The Chief Administrative Judge has signed an order amending the rules of the Commercial Division by adding a new rule relating to accelerated adjudication. The new rule, Rule 9, which takes effect on June 2, 2014, provides: Rule 9. Accelerated Adjudication Actions. (a) This rule is applicable to all actions, except to class actions brought... Read more »
Posts Categorized: Court Rules/Procedures
On April 30, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Egan v. Telomerase Activation Sciences, Inc., 2014 NY Slip Op. 31176(U), denying a motion for class certification as untimely. In Egan, the plaintiffs commenced an action on July 23, 2012. The defendants answered on October 3, 2012, asserting affirmative... Read more »
On May 8, 2014, the Court of Appeals issued a decision in CDR Creances S.A.S. v. Cohen, 2014 NY Slip Op. 03294, adopting a “clear and convincing evidence” standard for motions to strike an adversary’s pleadings under CPLR 3126. CDR Creances S.A.S., concerned theft of loan funds by diverting them to fictitious entities. After two... Read more »
On May 6, 2014, the First Department issued a decision in Healthcare I.Q., LLC v. Tsai Chung Chao, 2014 NY Slip Op. 03216, reversing a decision of the New York County Commercial Division and granting summary judgment to the defendant on a previsously-waived affirmative defense that the defendant had asserted in response to an amended complaint.... Read more »
Justice Oing of the New York County Commercial Division recently updated his Individual Practices.
On April 23, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in Saxon Technologies, LLC v. Wesley Clover Solutions-North America, Inc., 2014 NY Slip Op. 31056(U), transferring an action to Civil Court after determining on a motion for summary judgment that the plaintiff’s damages were limited to less than $3,000. In Saxon... Read more »
On April 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Spectrum Origination LLC v. Hess, 2014 NY Slip Op. 31034(U), holding that the plaintiff was not a foreign LLC doing business in New York. In Spectrum Origination, the plaintiff moved for summary judgment in lieu of complaint on... Read more »
We have added to our practice pages the biography and part rules of Justice Martin E. Ritholtz of the Queens County Commercial Division.
On April 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in MKC-S, Inc. v. Laura Realty Co., 2014 NY Slip Op. 50650(U), analyzing whether the plaintiff was a foreign corporation not registered to do business in New York. In MKC-S, the plaintiff moved for a Yellowstone injunction. The defendant, its... Read more »
On April 8, 2014, the Court of Appeals issued a decision in Mashreqbank PSC v. Ahmed Hamad A1 Gosaibi & Brothers Co., 2014 NY Slip Op. 02381, dismissing, under the doctrine of forum non conveniens, a lawsuit arising from a foreign exchange transaction between foreign parties, where the claim had only a peripheral connection to New York—i.e.,... Read more »