Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process
Commercial Case Notes / Discovery/Disclosure

Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process

On March 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Aareal Capital Corp. v. 462BDWY Land, L.P., 2025 NY Slip Op. 30952(U), denying a discovery motion for failure to comply with the Commercial Division Rule 14 dispute resolution process . . . Continue reading Motion to Compel Denied for Failure to Comply with Commercial Division Rule 14 Dispute Resolution Process

Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims
Commercial Case Notes / Court Rules and Procedures

Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims

On March 21, 2025, Justice Cohen of the New York County Commercial Division issued a decision in H.I.G. Realty Fin. II, LLC v. Kuperwasser, 2025 NY Slip Op. 30933(U), denying a motion to dismiss in favor of a prior pending action because of insufficient similarity of parties and claims . . . Continue reading Dismissal in Favor of Prior Pending Action Denied Because of Insufficient Similarity of Parties and Claims

Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will
Commercial Case Notes / Contracts

Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will

On March 27, 2025, the First Department issued a decision in Pappas v. B & G Holding Co., 2025 NY Slip Op. 01873, holding that where a partnership agreement provided for the transfer of ownership interests at death, a partner could not transfer ownership in his will . . . Continue reading Where Partnership Agreement Provided for Transfer of Ownership Interest at Death, Partner Could Not Transfer Ownership in His Will

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules
Arbitration, Mediation and Other ADR / Commercial Case Notes

Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules

On March 27, 2025, the First Department entered a decision in Mouli v. Stern, 2025 NY Slip Op. 01872, holding that whether a dispute was subject to an agreement to arbitrate was for the arbitrator to decide under the AAA rules . . . Continue reading Whether Dispute Was Subject to Arbitration Agreement Was for Arbitrator to Decide Under AAA Rules