On March 15, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Esposito v. Estate of Casale, 2023 NY Slip Op. 30759(U), dismissing an action for failure to prosecute due to the plaintiff’s inability to justify the lack of activity . . . Continue reading Action Dismissed for Failure to Prosecute
Lundin PLLC’s Commercial Case Notes blog now offers a searchable database of orders relating to the assignment of cases to the Commercial Division. Continue reading Commercial Case Notes Now Offers Transfer Order Database
On February 15, 2023, the Second Department issued a decision in Moonachi, Inc. v. U.S. Bank Trust, N.A., 2023 NY Slip Op. 00858, holding that a motion to file a late answer must be denied when the movant fails to provide an excuse for failing timely to answer . . . Continue reading Motion to File Late Answer Denied for Failure to Provide Reasonable Excuse
On February 8, 2023, the Second Department issued a decision in Lola Roberts Beauty Salon, Inc. v. Able Motor Cars Corp., 2023 NY Slip Op. 00657, excusing the failure timely to settle an order . . . Continue reading Court Excuses Failure Timely to Settle Order
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2023 NY Slip Op. 30166(U), holding that delay without prejudice is an insufficient basis for denying a motion to amend . . . Continue reading Delay Without Prejudice is Insufficient Basis for Denying a Motion to Amend
On January 6, 2023, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. Knights Genesis Inv. Ltd., 2023 NY Slip Op. 50020(U), holding that doing one transaction in New York does not constitute doing business in New York for the purposes of BCL 1312’s registration requirement . . . Continue reading Doing One Transaction in New York Not Doing Business for Purposes of BCL 1312 Registration Requirement
On December 23, 2022, the Fourth Department issued a decision in On the Water Prods., LLC v. Glynos, 2022 NY Slip Op. 07320, excusing the failure to submit a statement of undisputed facts . . . Continue reading Court Excuses Failure to Submit Statement of Undisputed Facts
On December 8, 2022, the First Department issued a decision in Fuks v. Rakia Assoc., 2022 NY Slip Op. 06995, holding that a court erred in ruling on a referee’s decision without considering the evidence that the referee considered . . . Continue reading Court Erred in Reviewing Referee’s Order Without Reviewing Evidence Considered by the Referee
On November 2, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Sanchez, 2022 NY Slip Op. 06155, holding that an action may not be dismissed for failure to prosecute if issue has not been joined . . . Continue reading Action May Not be Dismissed for Failure to Prosecute if Issue Has Not Been Joined
On October 27, 2022, the First Department issued a decision in GLCA Sec., LLC v. Gardes Holdings, Inc., 2022 NY Slip Op. 06064, holding that a declaratory judgment claim was viable even though it contemplated future events beyond the parties’ control . . . Continue reading Declaratory Judgment Claim Viable Even Though it Contemplated Future Events Beyond the Parties’ Control
