It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One
Commercial Case Notes / Court Rules and Procedures

It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One

On February 7, 2024, the Second Department issued a decision in Board of Mgrs. of the Poseidon Condominium v. Costantino Prop. Mgt., LLC, 2024 NY Slip Op. 00608, holding that it was error for a referee to make a recommendation without holding a hearing when the order of reference called for a hearing . . . Continue reading It is Error for Referee to Decline to Hold a Hearing if the Order of Reference Calls for One

Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect
Commercial Case Notes / Court Rules and Procedures

Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect

On December 12, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, 2023 NY Slip Op. 34425(U), holding that a foreign LLC’s failure to register before bringing an action in New York was a curable defect . . . Continue reading Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect

Proposed Amendment Relates Back to Original Pleading if it Relates to the Same Facts and Occurrences
Commercial Case Notes / Court Rules and Procedures

Proposed Amendment Relates Back to Original Pleading if it Relates to the Same Facts and Occurrences

On October 6, 2023, the Fourth Department issued a decision in CHS, Inc. v. Land O’Lakes Purina Feed, LLC, 2023 NY Slip Op. 05071, holding that a proposed amendment related back to the original pleading when the amendment related to the same facts and occurrence as the original claims . . . Continue reading Proposed Amendment Relates Back to Original Pleading if it Relates to the Same Facts and Occurrences