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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: July 8, 2020

Complaint Dismissed for Failure to Seek Default Judgment Within One Year

On July 1, 2020, the Second Department issued a decision in 16501 Jamaica Ave., LLC v. Hara, 2020 NY Slip Op. 03635, dismissing a complaint because of the plaintiff’s failure to seek a default judgment, explaining: In March 2016, the plaintiff commenced this action, inter alia, to recover on a personal guaranty. The defendant failed to timely appear or answer...

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Posted: July 7, 2020

Attorneys Seeking Tax Returns in Discovery Must Show They Are Indispensable

On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regarding whether personal tax returns were discoverable. In Safir v Charm City House, LLC, 2020 NY Slip Op. 31619(U), Justice Knipel confirmed longstanding New York precedent that a party’s tax returns are not discoverable absent a showing that they are indispensable to the case at bar . . .

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