That Documents Were Designated Confidential Under a Confidentiality Order Insufficient to Justify Sealing
Commercial Case Notes / Court Rules and Procedures

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
Commercial Case Notes / Corporations / Court Rules and Procedures / Standing

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

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact
Commercial Case Notes / Court Rules and Procedures

Consolidation Based on Overlapping Discovery Denied Due to Insufficiently Similar Questions of Law or Fact

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

Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law
Commercial Case Notes / Court Rules and Procedures

Claim That Cannot Survive Summary Judgment Lacks a Substantial Basis Under New York’s Anti-SLAPP Law

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

Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate
Commercial Case Notes / Court Rules and Procedures

Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate

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

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced

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

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action

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