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
On November 25, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Carloha, Inc. v. DC Nice Car, Inc., 2024 NY Slip Op. 34176(U), denying a motion to amend to add additional defendants made after the close of discovery as untimely . . . Continue reading Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely
On December 4, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Avenue Capital Mgt. II, L.P. v. Chubb European Group S.E., 2024 NY Slip Op. 34296(U), holding that the fact that documents were designated confidential under a confidentiality order is insufficient, by itself, to justify sealing . . . Continue reading That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing
On November 25, 2024, Justice Patel of the New York County Commercial Division issued a decision in OCFBrook Holdings, LLC v. TKS Brooklyn Ctr. Holding, LLC, 2024 NY Slip Op. 51611(U), holding that bringing a lawsuit in New York is not doing business here for purposes of LLC Law 802 and 808 or BCL 1312 . . . Continue reading Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312
On November 6, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Iken v. Bohemian Brethren Presbyt. Church, 2024 NY Slip Op. 33951(U), holding that a party that failed timely to asset a jury trial waiver lost the right to assert it . . . Continue reading Jury Trial Waiver Right Lost by Failing Timely to Assert it
On October 15, 2024, Justice Bannon of the New York County Commercial Division issued a decision in Arlus Owner LLC v. 829 Mad. Ave. LLC, 2024 NY Slip Op. 33788(U), refusing to consolidate actions with disparate claims . . . Continue reading Court Refuses to Consolidate Actions with Disparate Claims
On October 8, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Harkins v. Stern, 2024 NY Slip Op. 33599(U), denying a motion for consolidation because of overlapping discovery where there were insufficiently similar questions of law or fact . . . Continue reading Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
On October 7, 2024, Justice Schecter of the New York County Commercial Division issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 33565(U), holding that a claim that cannot survive summary judgment lacks a substantial basis under New York’s anti-SLAPP law . . . Continue reading Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law
On August 21, 2024, the Second Department issued a decision in Kanes v. Kanes, 2024 NY Slip Op. 04254, holding that the law of the case doctrine barred reassertion of claims that had previously been found to be time-barred . . . Continue reading Law of the Case Doctrine Barred Reassertion of Claims Previously Found to be Time-Barred
