On May 31, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Alsatdi v. Alsaede, 2023 NY Slip Op. 31914(U), holding that a Notice to Admit cannot be used regarding an ultimate contested fact . . . Continue reading Notice to Admit Cannot Be Used Regarding an Ultimate Contested Fact
On June 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2023 NY Slip Op. 31892(U), holding that legal research and photocopying costs are not costs chargeable in a judgment . . . Continue reading Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment
On June 7, 2023, the Second Department issued a decision in U.S. Bank Natl. Assn. v. Bindra, 2023 NY Slip Op. 03037, holding that a plaintiff should be granted additional time to serve in the interests of justice even though the plaintiff had not showed good cause for the failure timely to serve . . . Continue reading Plaintiff Granted Additional Time to Serve in the Interests of Justice Even Though it Did Not Show Good Cause for the Delay
On June 7, 2023, the Second Department issued a decision in Washington Mut. Bank v. Brottman, 2023 NY Slip Op. 03041, holding that a court is authorized, but never required, to dismiss an action for failure to prosecute . . . Continue reading Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute
On June 6, 2023, the First Department issued a decision in 214 Knickerbocker LLC v. Shou Pan, 2023 NY Slip Op. 02959, holding that the transfer of property from parents to children without evidence of proper consideration supported fraudulent transfer claim . . . Continue reading Transfer of Property Without Evidence of Proper Consideration Supported Fraudulent Transfer Claim
On June 6, 2023, the First Department issued a decision in Cohen v. Gordon & Silber, PC, 2023 NY Slip Op. 02968, holding that a party’s delay in seeking a stay of a civil trial pending his criminal trial justified denying the stay . . . Continue reading Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial
On June 8, 2023, the First Department issued a decision in Crestview SPV, LLC v. Crestview Fin., LLC, 2023 NY Slip Op. 03070, holding that a conversion claim should be dismissed as duplicative of a breach of contract claim . . . Continue reading Conversion Claim Dismissed as Duplicative of Contract Claim
On May 25, 2023, Justice Masley of the New York County Commercial Division issued a decision in Thompson v. Nelson, 2023 NY Slip Op. 31807(U), holding that a plaintiff had failed to meet the heavy burden for an award of punitive damages . . . Continue reading Plaintiff Fails to Meet Heavy Burden for Award of Punitive Damages
On May 26, 2023, Justice Chan of the New York County Commercial Division issued a decision in Itria Ventures LLC v. Singh Oil Corp., 2023 NY Slip Op. 31809(U), holding that summary judgment in lieu of complaint was unavailable on a guaranty that required non-payment performance . . . Continue reading Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance
On May 31, 2023, the Second Department issued a decision in Anuchina v. Marine Transp. Logistics, Inc., 2023 NY Slip Op. 02858, holding that a discovery motion was properly denied because of the movant’s failure adequately to meet and confer regarding the dispute . . . Continue reading Discovery Motion Denied for Failure Sufficiently to Meet and Confer
