Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable

Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable

On September 27, 2024, the Fourth Department issued a decision in Counsel Fin. Holdings LLC v. Sullivan Law, L.L.C., 2024 NY Slip Op. 04697, holding that a judge other than the one that issued a decision can decide a motion for reargument if the issuing judge is unavailable . . . Continue reading Motion for Reargument May Be Made By Judge That Did Not Issue Order if Issuing Judge Unavailable

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

On September 16, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SLG 810 Seventh Lessee LLC v. Tydel Holding Corp., 2024 NY Slip Op, 33238(U), holding that the scope of an arbitrator’s power is determined by the agreement to arbitrate, not the initial statement of claim . . . Continue reading Scope of Arbitrator’s Power is Determined by Agreement to Arbitrate, Not Initial Statement of Claim

Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery

On September 12, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Hamo, 2024 NY Slip Op. 51265(U), holding that evidence disclosed in settlement discussions is not thereby shielded from disclosure in discovery . . . Continue reading Evidence Disclosed in Settlement Discussions Not Thereby Shielded From Disclosure in Discovery