On February 6, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in Eden Roc, LLLP v. Marriott International, Inc., 2014 NY Slip Op. 30377(U), granting a motion for reargument. In Eden Roc, the trial court denied the defendants’ motion to dismiss with respect to the plaintiff’s cause of action for... Read more »
Posts Categorized: Court Rules/Procedures
On February 5, 2014, New York County Commercial Division Justice Friedman issued a decision in W.S. Corp. v. Cullen and Dykman LLP, 2014 NY Slip Op. 30353(U), denying a motion for change of venue from New York County to Nassau County. In W.S. Corp., the court granted in part a motion to dismiss former clients’... Read more »
As we previously posted, on Monday, February 17, 2014, the monetary threshold for the assignment of a case to the New York County Commercial Division will increase to $500,000.
The change of the monetary threshold for assignment to the New York County Commercial Division from $150,000 to $500,000, previously reported in the press, takes effect February 17, 2014.
The Office of Court Administration has asked for public comment on yet another proposed change to the rules of the Commercial Division. In addition to the four proposed rule changes about which we posted on January 1, 2014 (the comment period already has closed for two of the four proposals), the court also is seeking public... Read more »
On January 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision in Shareholder Representative v. Sandoz Inc., 2014 NY Slip Op. 30200(U), granting a motion to file a sealed complaint. This action arose out of the sale of a pharmaceutical company, which was developing a new drug, to the defendant.... Read more »
On January 23, 2014, the First Department issued a decision in BDO USA, LLP v. Phoenix Four, Inc., 2014 NY Slip Op. 00410, illustrating the wrong way to get a case assigned to the Commercial Division. In this post, we focus on just one aspect of the BDO USA decision, plaintiff’s attempts to assign the action... Read more »
The rules of the Commercial Division change from time-to-time. Currently, there are four proposed rule changes open for public comment. Proposed creation of a pilot mandatory mediation program in the Commercial Division of the Supreme Court, New York County. Email comments to CommDivMedPilot@nycourts.gov by February 11, 2014. Proposed adoption of new Commercial Division Rule 9,... Read more »
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surgery, 2013 NY Slip Op. 08548, clarifying that the CPLR-mandated deadline for filing a motion for summary judgment cannot be extended simply by styling the motion as a cross-motion to a timely made motion. Kershaw involved an appeal from a... Read more »
On November 26, 2013, the First Department issued a decision in Scirica v. Colantonio, 2013 N.Y. Slip Op. 07852, strictly enforcing CPLR 321(c), the rule that provides a thirty-day stay if an attorney is removed from a case. CPLR 321(c) provides: If an attorney dies, becomes physically or mentally incapacitated, or is removed, suspended or otherwise becomes disabled at any... Read more »