On September 23, 2020, OCA approved the proposed Commercial Division rule providing a model protective order include a Highly Confidential – Attorneys’ Eyes Only designation.
On September 22, 2020, Justice Walsh of the Westchester County Commercial Division issued a decision in Universal Eng’g Servs., P.C. v. Industrial Dev. Agency of Mount Vernon, N.Y., 2020 NY Slip Op. 51066(U), holding that a contract made with a municipality that does not comply with law is unenforceable, even under a quantum meruit theory . . .
On September 29, 2020, Chief Administrative Judge Marks issued AO/133/20, which makes hyperlinking to previously-filed NYSEF documents mandatory and requires that “[u]nless otherwise directed by the Court or provided in the Court’s individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface” . . .
On September 16, 2020, the Second Department issued a decision in Pavilion Park Slope Cinemas 9, LLC v. Pro Century Corp., 2020 NY Slip Op. 04958, affirming the dismissal of an action for failure to file a Note of Issue . . .
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in Pacific Alliance Asia Opportunity Fund L.P. v. Kwok Ho Wan, 2020 NY Slip Op. 33030(U), barring a party from changing its factual arguments on summary judgment based on the doctrine of judicial estoppel . . .
On September 9, 2020, Justice Masley of the New York County Commercial Division issued a decision in Lazar v. Attena LLC, 2020 NY Slip Op. 33003(U), dismissing a petition to dissolve an LLC because the LLC was able to conduct business . . .
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Disoni LLC v. Montas, 2020 NY Slip Op. 33028(U), striking a defendant’s answer for failure to appear at court conferences or respond to discovery demands . . .
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Orentreich v. John B. Murray Architect, LLC, 2020 NY Slip Op. 32944(U), vacating a demand for a bill of particulars because it was being used as a discovery device . . .
On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Goren v. Barnett, 2020 NY Slip Op. 32952(U), disqualifying a law firm because a firm that it had acquired previously had represented an opposing party . . .
On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Carey v. Shakhnazarian, 2020 NY Slip Op. 51040(U), addressing when a party is entitled to sanctions and an adverse inference at trial for the destruction of relevant evidence . . .