Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue

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

Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely

Motion to Amend to Add Defendants Made After Close of Discovery Denied as Untimely

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

That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing

That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing

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

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

Bringing a Lawsuit in New York is not Doing Business Here for Purposes of LLC Law 802 and 808 or BCL 1312

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