Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules
Commercial Case Notes / Discovery/Disclosure

Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules

On August 8, 2025, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2025 NY Slip Op. 51257(U), denying a discovery motion for failure to comply with the Commercial Division discovery dispute rules . . . Continue reading Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules

Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion

On August 13, 2025, the Second Department issued a decision in AccessLex Inst. v. Clunis, 2025 NY Slip Op. 04613, holding that a motion for summary judgment made before the close of discovery is not premature when the non-movant cannot identify additional discovery needed to oppose the motion . . . Continue reading Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion

Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
Commercial Case Notes / Court Rules and Procedures / Real Property

Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing

On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing

Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay
Commercial Case Notes / Court Rules and Procedures / Default Judgment

Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay

On August 6, 2025, the Second Department issued a decision in James B. Nutter & Co. v. Hutson, 2025 NY Slip Op. 04557, holding that a court should not dismiss an action for failure to prosecute if there is a reasonable excuse for the delay . . . Continue reading Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay