Posts Categorized: Court Rules/Procedures

Posted: October 4, 2018

Defendant May Not Move to Dismiss Claims Against Other Defendants

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][8] provides that a party may move for judgment dismissing one or more causes of action... Read more »

Posted: September 16, 2018

Motion for Reargument Denied for Failure to Attach Prior Order and Papers

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 »

Posted: September 14, 2018

Plaintiff Allowed to Amend Complaint in Anticipation of Trial

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 »

Posted: September 11, 2018

Justices Masley, Sherwood and Paris Update Part Rules

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.

Posted: September 8, 2018

BCL §1312 Does Not Bar Action By Foreign Corporation That Did Not Do Business in New York

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 »

Posted: September 5, 2018

Dismissal for Failure to Prosecute Vacated for Failure to Give Required Notice

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 »

Posted: August 14, 2018

Opportunity to Comment on Proposed Changes to Commercial Division Rules

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 »

Posted: August 13, 2018

Article 77 Proceeding Excludes Beneficiaries of Trusts That Hold Interests in Trusts That are the Subject of the Proceeding

On August 7, 2018, Justice Friedman of the New York County Commercial Division issued a decision in Matter of Wells Fargo Bank, N.A., 2018 NY Slip Op. 31883(U), holding that beneficiaries of trusts that held interests in trusts that were the subject of an Article 77 proceeding did not have standing to appear in the... Read more »

Posted: August 7, 2018

Court Dismisses Third-Party Claim Seeking a Declaratory Judgment

On July 30, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Kai Chan v. Lipiner, 2018 NY Slip Op. 31817(U), dismissing a third-party claim seeking a declaratory judgment, explaining: I also grant the Chan Family’s motion to dismiss the third-party complaint. CPLR 1007 permits third-party practice only against a... Read more »