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Category: Court Rules and Procedures

Court Erred in Dismissing Action for Failure to Prosecute
Commercial Case Notes / Court Rules and Procedures

Court Erred in Dismissing Action for Failure to Prosecute

On August 16, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Campbell, 2023 NY Slip Op. 04303, holding that the trial court erred in dismissing an action for failure to prosecute sua sponte . . . Continue reading Court Erred in Dismissing Action for Failure to Prosecute

Action Dismissed for Failure to Justify Failure to Prosecute
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Action Dismissed for Failure to Justify Failure to Prosecute

On July 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Albano v. Meir Transp., 2023 NY Slip Op. 32728(U), dismissing an action for failure to prosecute . . . Continue reading Action Dismissed for Failure to Justify Failure to Prosecute

Court Rejects Legal Argument Made in Supporting Affidavit
Commercial Case Notes / Court Rules and Procedures

Court Rejects Legal Argument Made in Supporting Affidavit

On July 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in EPMMNY LLC v. NY CANNA LLC, 2023 NY Slip Op. 32455(U), refusing to consider legal arguments made in a supporting affidavit . . . Continue reading Court Rejects Legal Argument Made in Supporting Affidavit

Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible
Commercial Case Notes / Court Rules and Procedures

Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible

On July 5, 2023, the Second Department issued a decision in Peet’s Coffee & Tea HoldCo, Inc. v. North Am. Elite Ins. Co., 2023 NY Slip Op. 03703, holding that a motion to change venue fails when the venue chosen by the plaintiff is permissible . . . Continue reading Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible

Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment
Commercial Case Notes / Court Rules and Procedures

Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment

On June 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2023 NY Slip Op. 31892(U), holding that legal research and photocopying costs are not costs chargeable in a judgment . . . Continue reading Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment

Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute
Commercial Case Notes / Court Rules and Procedures

Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute

On June 7, 2023, the Second Department issued a decision in Washington Mut. Bank v. Brottman, 2023 NY Slip Op. 03041, holding that a court is authorized, but never required, to dismiss an action for failure to prosecute . . . Continue reading Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute

Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial
Commercial Case Notes / Court Rules and Procedures

Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial

On June 6, 2023, the First Department issued a decision in Cohen v. Gordon & Silber, PC, 2023 NY Slip Op. 02968, holding that a party’s delay in seeking a stay of a civil trial pending his criminal trial justified denying the stay . . . Continue reading Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial

Defendants Waived Right to a Jury Trial By Making an Equitable Counterclaim
Commercial Case Notes / Court Rules and Procedures

Defendants Waived Right to a Jury Trial By Making an Equitable Counterclaim

On May 31, 2023, the Second Department issued a decision in Piccoli v. Cerra, Inc., 2023 NY Slip Op. 02901, holding that defendants waived their right to a jury trial by making an equitable counterclaim . . . Continue reading Defendants Waived Right to a Jury Trial By Making an Equitable Counterclaim

Plaintiff Did Not Waive Jury Trial by Seeking Accounting
Commercial Case Notes / Court Rules and Procedures

Plaintiff Did Not Waive Jury Trial by Seeking Accounting

On April 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Lebedev v. Blavatnik, 2023 NY Slip Op. 31183(U), holding that a plaintiff did not waive the right to a jury by seeking an accounting . . . Continue reading Plaintiff Did Not Waive Jury Trial by Seeking Accounting

Court Denies Recusal Motion Based on Adverse Decision
Commercial Case Notes / Court Rules and Procedures

Court Denies Recusal Motion Based on Adverse Decision

On March 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2023 NY Slip Op. 30965(U), denying a recusal motion based on an adverse decision . . . Continue reading Court Denies Recusal Motion Based on Adverse Decision

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