Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate
Commercial Case Notes / Court Rules and Procedures

Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate

On August 2, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Law Off. of Mark S. Helweil v. Karambelas, 2024 NY Slip Op. 32693(U), holding that a receiver’s fees were capped by CPLR § 8004(a) despite s court order allowing payment at the receiver’s usual rate . . . Continue reading Receiver’s Fees Capped by CPLR § 8004(a) Despite Court Order Allowing Payment at Receiver’s Usual Rate

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced

On July 26, 2024, the Fourth Department issued a decision in Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 2024 NY Slip Op. 04019, holding that a motion to intervene was not untimely because the existing litigants were not prejudiced . . . Continue reading Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action

On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action

Affirmation Inadmissible Because It Failed to Use Language Required by CPLR 2106
Commercial Case Notes / Court Rules and Procedures

Affirmation Inadmissible Because It Failed to Use Language Required by CPLR 2106

On June 6, 2024, the First Department issued a decision in Great Lakes Ins. SE v. American S.S. Owners Mut. Protection & Indem. Assn. Inc., 2024 NY Slip Op. 03083, holding that an affirmation was inadmissible because it failed to use the language required by CPLR 2106 . . . Continue reading Affirmation Inadmissible Because It Failed to Use Language Required by CPLR 2106

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name
Commercial Case Notes / Court Rules and Procedures

Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

On May 22, 2024, the Second Department issued a decision in Wells Fargo Bank, N.A. v. Welsh, 2024 NY Slip Op. 02838, holding that absent substitution, a successor in interest can only participate in an action under the name of its predecessor’s name . . . Continue reading Absent Substitution, a Successor in Interest Can Only Participate in an Action Under the Predecessor’s Name

Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument
Commercial Case Notes / Court Rules and Procedures

Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument

On May 16, 2024, the First Department issued a decision in Entech Eng’g, P.C. v. Dewberry Engrs. Inc., 2024 NY Slip Op. 02752, holding that judicial estoppel barred a plaintiff from changing its argument regarding choice of law after it earlier had prevailed on that argument . . . Continue reading Judicial Estoppel Bars Plaintiff From Changing Argument Regarding Choice of Law After It Earlier Had Prevailed on that Argument