On October 10, 2018, the Second Department issued a decision in A.G. Parker, Inc. v. 246 Rochester Partners, LLC, 2018 NY Slip Op. 06711, holding that it was error to grant renewal where the movant did not justify its failure to present the new facts in the original motion, explaining: To the extent that the Supreme Court... Read more »
Posts Categorized: Court Rules/Procedures
Justice Eileen Bransten of the New York County Commercial Division recently updated her individual practices.
On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in D’Angelo v. Watner, 2018 NY Slip Op. 32324(U), holding that a defendant could not move to dismiss claims against other defendants, explaining: CPLR 3211[a] provides that a party may move for judgment dismissing one or more causes of action... Read more »
On August 30, 2018, Justice Masley of the New York County Commercial Division issued a decision in Mayor Gallery Ltd v. Agnes Martin Catalogue Raisonne LLC, 2018 NY Slip Op. 32161(U), denying a motion for reargument because, among other reasons, the movant did not attach a copy of the prior papers to the motion, explaining: As an initial... Read more »
On August 31, 2018, Justice Schecter of the New York Country Commercial Division issued a decision on Gottwald v. Sebert, 2018 NY Slip Op. 32141(U), allowing a plaintiff to amend his complaint in anticipation of trial, explaining: Kesha moves to strike the Amended BOP, urging that plaintiffs are improperly seeking to enormously expand the case years... Read more »
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices and her trial rules. Justice O. Peter Sherwood of the New York County Commercial Division also recently updated his individual practices. Justice Anthony J. Paris of the Onondaga County Commercial Division also recently posted his part rules.
On August 14, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Radiance Capital Receivables Twelve LLC v. JPMorgan Chase Bank, N.A., 2018 NY Slip Op. 32092(U), holding that BCL 1312 does not bar an action by a foreign corporation that did not do business in New York, explaining: [I]t is well... Read more »
On August 22, 2018, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Bastelli, 2018 NY Slip Op. 05822, vacating a dismissal for failure to prosecute for failure to give the required notice, explaining: CPLR 3216 permits a court, on its own initiative, to dismiss an action for want of prosecution... Read more »
On August 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Barrison v. D’Amato & Lynch LLP, 2018 NY Slip Op. 31922(U), ordering selective redaction rather than sealing of document to be filed, explaining: Section 216.1 (a) of the Uniform Rules for Trial Courts empowers courts to seal documents... Read more »
The Office of Court Administration has asked for public comment on a proposed change to the Commercial Division rules relating to the selection of mediators. The new rule would add the following sentence to Commercial Division Rule 3: “Counsel are encouraged to work together to select a mediator that is mutually acceptable, and may wish... Read more »