Blogs

Posts Categorized: Court Rules/Procedures

Posted: July 31, 2018

Court Erred in Granting Summary Judgment on Dismissing Plaintiff’s Claims Where Defendant Only Moved for Judgment on its Counterclaims

On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. 05507, holding that the trial court erred in granting summary judgment dismissing the plaintiff’s claims when the defendant had only moved for judgment on its counterclaims, explaining: On a motion for summary judgment, the court is limited… Read more »

Posted: July 23, 2018

New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six

The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September 17, 2018, change, among other things, the time to perfect an appeal in the First Department from nine months to “six months of the date of the notice of appeal or order granting leave to appeal.” (22 NYCRR 1250.9… Read more »

Posted: July 22, 2018

Party’s Death Stays Action and Orders Issued When Stay Should Have Been in Effect Are Void

On June 28, 2018, Justice Ash of the Kings County Commercial Division issued a decision in Vizzini v. Vizzini-Oswald, 2018 NY Slip Op. 31529(U), holding that proceedings in an action should have been stayed once a party died and that all orders entered since the death were nullities, explaining: The court recently discovered that defendant… Read more »

Posted: May 28, 2018

Court Erred by Striking Answer for Failure to Appear at Conference Where No Evidence Party Had Notice of Conference

On May 23, 2018, the Second Department issued a decision in Notaro v. Performance Team, 2018 NY Slip Op. 03692, holding that the IAS court erred in striking the defendant’s answer for failure to appear at a court conference where there was no evidence that the defendant had notice of the conference, explaining: Generally, to… Read more »