On May 4, 2022, Justice Reed of the New York County Commercial Division issued a decision in Maple Drake Austell Owner, LLC v. D.F. Pray, Inc., 2022 NY Slip Op. 50346(U), denying a discovery motion for failure to follow the Commercial Division Rules’ discovery dispute procedures . . . Continue reading Discovery Motion Denied for Failure to Follow Discovery Dispute Rules
On March 21, 2022, Justice Masley of the New York County Commercial Division issued a decision in Highcap Group LLC v. Jam Equities, LLC, 2022 NY Slip Op. 30933(U), holding that the absence of an affidavit of merit was not fatal to a motion to amend . . . Continue reading Absence of Affidavit of Merit Not Fatal to Motion to Amend
On February 24, 2022, the First Department issued a decision in Endothelix, Inc. v. Vasomedical, Inc., 2022 NY Slip Op. 01240, upholding the denial of a motion for leave to amend the complaint to conform to the evidence because the delay in making that motion prejudiced the defendant . . . Continue reading Motion to Amend Pleadings to Conform to the Evidence Denied Because of Prejudicial Delay
On February 9, 2022, the Second Department issued a decision in Bank of Am., N.A. v. Ali, 2022 NY Slip Op. 00838, vacating a dismissal for failure to prosecute because of the lack of proper notice . . . Continue reading Dismissal for Failure to Prosecute Vacated for Failure to Give Proper Notice
On February 8, 2022, the First Department issued a decision in E D & F Man Sugar Ltd. v. Gellert, 2022 NY Slip Op. 00813, staying a first-filed action to recover on a guaranty in favor of a later-filed action related to the guarantied obligation . . . Continue reading First-Filed Action to Recover on Guaranty Stayed in Favor of Later Action Related to the Guarantied Obligation
On January 24, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Real Estate Webmasters Inc. v. Rodeo Realty, Inc., 2022 NY Slip Op. 50037(U), holding that a defendant waived the right to a jury trial by pleading equitable defenses . . . Continue reading Defendant Waives Right to a Jury Trial by Asserting Equitable Defenses
