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
On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2024 NY Slip Op. 32693(U), holding that a receiver’s fees were capped by CPLR § 8004(a) despite s court order allowing payment at the receiver’s usual rate . . . Continue reading Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate
On July 26, 2024, the Fourth Department issued a decision in Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 2024 NY Slip Op. 04019, holding that a motion to intervene was not untimely because the existing litigants were not prejudiced . . . Continue reading Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
On July 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Gutnick v. Jacobson, 2024 NY Slip Op. 32481(U), holding that an amended complaint may not incorporate by reference allegations in the original complaint . . . Continue reading Amended Complaint May Not Incorporate by Reference Allegations in Original Complaint
On June 6, 2024, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2024 NY Slip Op. 03083, holding that an affirmation was inadmissible because it failed to use the language required by CPLR 2106 . . . Continue reading Affirmation Inadmissible Because It Failed to Use Language Required by CPLR 2106
On May 14, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Hello Beautiful Salon, Inc. v. Dimoplon, 2024 NY Slip Op. 31702(U), denying a motion to amend for failure to show the changes made to the prior complaint . . . Continue reading Motion to Amend Denied for Failure to Show the Changes Made to the Prior Complaint
