On March 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Katzoff v. BSP Agency, LLC, 2025 NY Slip Op 30946(U), holding that delay without prejudice was an insufficient reason to deny a motion to amend . . . Continue reading Delay Without Prejudice Insufficient Basis to Deny Motion to Amend
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
On March 27, 2025, the First Department issued a decision in Matter of Grayco Alternative Partners II, LP v. 5 Stone Green Capital, LLC, 2025 NY Slip Op. 01868, holding that a trial court erred in entering judgment while an action was stayed as a result of the death of counsel . . . Continue reading Court Erred in Entering Judgment While Action Stayed By Death of Counsel
On March 10, 2025, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2025 NY Slip Op. 50309(U), staying a civil action pending the resolution of a criminal action against a non-party officer of a corporate defendant . . . Continue reading Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer
On March 4, 2025, Justice Reed of the New York County Commercial Division issued a decision in Linkable Networks, Inc. v. Mastercard Inc., 2025 NY Slip Op. 50278(U), refusing to seal trial exhibits . . . Continue reading Court Refuses to Seal Trial Exhibits
On February 25, 2025, Justice Reed of the New York County Commercial Division issued a decision in D’Alessandro v. Kushner, 2025 NY Slip Op. 50240(U), staying a civil action during the pendency of a related criminal action . . . Continue reading Court Grants Stay of Civil Action During Pendency of Related Criminal Action
On February 19, 2025, the Second Department issued a decision in HSBC Bank USA, N.A. v. Mair, 2025 NY Slip Op. 00954, holding that a party could not be added to an action after judgment was entered . . . Continue reading Party May Not Be Added After Judgment is Entered
On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
On December 19, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Homapour v. 3M Props., LLC, 2024 NY Slip Op. 34518(U), excusing a 10-month Continue reading Court Excuses 10-Month Delay in Answering Cross-Claim
On December 17, 2024, Justice Bannon of the New York County Commercial Division issued a decision in 63 Co., LLC v. 63rd & 3rd NYC LLC, 2024 NY Slip Op. 34393(U), severing third-party claims to avoid prejudice to the parties . . . Continue reading Court Severs Third-Party Action to Avoid Prejudice to Parties
