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 »
Posts Categorized: Court Rules/Procedures
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 »
On July 24, 2018, Justice Schecter of the New York County Commercial Division issued a decision in SSC NY Corp. v. Inveshare, Inc., 2018 NY Slip Op. 31756(U), holding that a motion to amend brought at the close of discovery was untimely, explaining: Though leave to amend is granted freely unless the proposed amendment is... Read more »
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 »
On July 16, 2018, Justice Schecter of the New York County Commercial Division issued a decision in Bioenergy Life Science, Inc. v. RiboCor, Inc., 2018 NY Slip Op. 31672(U), holding that a defense was waived because it was not asserted in the Defendant’s Answer, explaining: Next, RiboCor contends that Bioenergy waived its breaches. RiboCor did... Read more »
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 »
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 »
Justice Saliann Scarpulla of the New York County Commercial Division recently updated her individual practices. Justice Linda S. Jamieson of the Westchester County Commercial Division also recently updated her individual practices.
On June 7, 2018, the First Department issued a decision in Central Amusement International LLC v. Lexington Insurance Co., 2018 NY Slip Op. 04095, holding that a plaintiff was not prejudiced by an amendment to an answer, explaining: The motion court did not abuse its discretion in granting defendant’s motion to amend its answer. Plaintiff’s... Read more »
Recently-appointed Justice Jennifer Schecter of the New York County Commercial Division recently posted her individual practices.