On March 31, 2025, Justice Chan of the New York County Commercial Division issued a decision in Ragab v. SHR Capital Partners LLC, 2025 NY Slip Op. 31157(U), holding that the bankruptcy stay does not bar proceedings against non-debtor defendants . . . Continue reading Bankruptcy Stay Does Not Bar Proceeding Against Non-Debtor Defendants
On April 8, 2025, the First Department issued a decision in BML Props. Ltd. v. China Constr. Am., Inc., 2025 NY Slip Op. 02030, holding that a party waived the right to rely on foreign law by giving insufficient notice . . . Continue reading Party Waives Right to Rely on Foreign Law By Giving Insufficient Notice
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
