Recently-appointed Justice Gretchen Walsh of the Westchester County Commercial Division recently posted her individual practices.
Posts Categorized: Court Rules/Procedures
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Overtime Partners, Inc. v. 320 W. 31st Assoc., LLC, 2018 NY Slip Op. 30807(U), invoking CPLR 3212 and Commercial Division Rule 9 in conducting an immediate hearing on the only factual issue in dispute in an action for,… Read more »
Recently-appointed Justice Joseph Risi of the Queens County Commercial Division recently posted his individual practices.
On March 9, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Med-Mac Realty Co., Inc. v. Modell, 2018 NY Slip Op. 30409(U), denying a motion to amend an answer because of undue delay, explaining: A motion seeking leave to amend a pleading pursuant to CPLR 3025(b) is generally freely… Read more »
The Office of Court Administration has asked for public comment on three proposed changes to the Commercial Division rules: On March 14, 2018, the OCA proposed a new rule that would change the page limits for briefs to word limits. The proposed limits are 7,000 words for briefs, memoranda of law in support or opposition… Read more »
On March 20, 2018, the First Department issued a decision in Almah LLC v. AIG Empl. Servs., Inc., 2018 NY Slip Op. 01870, holding that a prior tenant was not a necessary party to an action for damages arising from a later tenancy, explaining: Pursuant to section 7.1(a) of the lease, which is the basis… Read more »
On March 1, 2018, the First Department issued a decision in Austin v. Gould, 2018 NY Slip Op. 01404, affirming the dismissal of an action for failure to file a Note of Issue, explaining: When served with a 90-day demand pursuant to CPLR 3216, it is incumbent upon a plaintiff to comply with the demand… Read more »
On January 9, 2018, Justice Bransten of the New York County Commercial Division issued a decision in Ambase Corp. v. 111 W. 57th Sponsor LLC, 2018 NY Slip Op. 30049(U), holding that a complaint may include allegations of facts disclosed in settlement discussions, explaining: To the extent that defendants contend that this allegation is improperly… Read more »
District Judge Pamela K. Chen recently granted summary judgment in a slip and fall diversity case that highlights the difference between the summary judgment standards under federal and New York state law. Taylor v. Manheim Marketing Inc., 15-CV-01950 (E.D.N.Y. Nov. 30, 2017). This case offers a reminder to counsel that the federal summary judgment standard… Read more »
On November 20, 2017, the Court of Appeals issued a decision in Davis v. Scottish Re Group Ltd., 2017 NY Slip Op. 08157, holding that foreign procedural law did not apply to derivative claims relating to a foreign entity in a New York lawsuit, explaining: The parties agree that Cayman Islands substantive law governs the… Read more »