On February 6, 2020, Justice Scarpulla of the New York County Commercial Division issued a decision in Matter of Densply Sirona, Inc. Shareholders Litig. v. XXX, 2020 NY Slip Op. 30342(U), refusing to vacate a judgment on grounds of an “injustice” stemming from application of federal law on a federal claim in state court, explaining:... Read more »
Posts Categorized: Court Rules/Procedures
On January 24, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Street Line, Inc. v. Capital Logistics & Warehousing Group, Inc. , 2020 NY Slip Op. 30330(U), vacating a late-filed notice of discontinuance, explaining: A notice of discontinuance must be timely filed pursuant to CPLR § 3217 (a) (1),... Read more »
Justice Emilio Colaiacovo of the Eighth Judicial District Commercial Division recently updated his individual practices.
Justice Deborah H. Karalunas of the Onondaga County Commercial Division recently updated her individual practices.
Justice Andrea Masley of the New York County Commercial Division recently updated her individual practices.
The Office of Court Administration has asked for public comment on a proposed amendment to Commercial Division Rule 6 to “to require legal memoranda to include hyperlinks to NYSCEF docket entries when those documents are cited and to allow judges discretion in determining whether to require hyperlinking for cases, statutes, and rules to legal database... Read more »
On December 5, 2019, the First Department issued a decision in Dietz v. Linde Gas N. Am., LLC, 2019 NY Slip Op. 08789, holding that a New York action was properly stayed in favor of a prior pending action in New Jersey, explaining: Supreme Court providently exercised its discretion in granting and then continuing a... Read more »
On September 11, 2019, the Second Department issued a decision in EMC Mtge. Corp. v. Walker, 2019 NY Slip Op. 06474, holding that it was error to vacate a default when there was no reasonable excuse for the default, explaining: In order to vacate a default in appearing at a scheduled court conference, a plaintiff... Read more »
On September 11, 2019, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Spence, 2019 NY Slip Op. 06529, vacating the dismissal of a foreclosure action for failure to prosecute, explaining: A pleading cannot be dismissed pursuant to CPLR 3216(a) unless a written demand is served upon the party against whom such... Read more »
The Office of Court Administration has asked for public comment on three proposed rule changes. First, is a proposed amendment to Commercial Division Rule 1 to facilitate remote video appearances by counsel. E-mail comments on this proposal to email@example.com by September 30, 2019. Second, is a proposed amendment to Commercial Division Rule 6 to require... Read more »