Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice
Commercial Case Notes / Service of Process

Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

On April 2, 2025, the Second Department issued a decision in OneWest Bank, FSB v. Singer, 2025 NY Slip Op. 01940, holding that a motion to extend time to serve was properly declined for failure to show either good cause or that the extension was in the interests of justice . . . Continue reading Motion to Extend Time to Serve Properly Denied for Failure to Show Either Good Cause or Interests of Justice

Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission
Commercial Case Notes / Jurisdiction

Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission

On April 1, 2025, the First Department issued a decision in Riverdale Jewish Ctr. v. Brooklyn Union Gas Co., 2025 NY Slip Op. 01901, staying a case under the primary jurisdiction pending the determination of issues by the state Public Service Commission . . . Continue reading Under Primary Jurisdiction Doctrine, Case Stayed Pending Determination of Issues by Public Servicers Commission

Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect
Commercial Case Notes / Service of Process

Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

On March 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2025 NY Slip Op. 30944(U), holding that the failure to meeting the timing requirements for service by publication is a jurisdictional defect . . . Continue reading Failure to Meet the Timing Requirements for Service by Publication is Jurisdictional Defect

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