On May 2, 2024, the First Department issued a decision in RDF Agent, LLC v. Electric Red Ventures, LLC, 2024 NY Slip Op. 02384, holding that a court did not err in refusing to dismiss a lawsuit in New York in favor of a first filed Texas action . . . Continue reading Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action
On April 10, 2024, Justice Reed of the New York County Commercial Division issued a decision in Matter of Arad 2 LLC v. Ben-Hamo, 2024 NY Slip Op. 31478(U), sealing a complaint to prevent allegations of fraud and criminal conduct from becoming public . . . Continue reading Court Seals Complaint to Prevent Allegations of Fraud and Criminal Conduct From Becoming Public
On April 18, 2024, the First Department issued a decision in 3B Assoc. LLC v. Ecommission Solutions, LLC, 2024 NY Slip Op. 02086, holding that a contract action should not have been consolidated with a later-filed tort action . . . Continue reading Contract Action Should Not Have Been Consolidated With Later-Filed Tort Action
On March 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Safra v. SNBNY Holdings Ltd., 2024 NY Slip Op. 31061(U), dismissing an action because the court lacked personal jurisdiction over a necessary party . . . Continue reading Court Dismisses Action Because of Lack of Jurisdiction over a Necessary Party
On April 4, 2024, the First Department issued a decision in Kenney v. Essex Mgt. Co., 2024 NY Slip Op. 01871, holding that the parties to a lawsuit waived further discovery by failing to complete discovery by the Note of Issue date . . . Continue reading Parties Waived Further Discovery By Failing to Complete Discovery by Note of Issue Date
On March 20, 2024, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2024 NY Slip Op. 01570, holding that a defendant had failed to meet the high burden necessary to vacate a stipulation of settlement . . . Continue reading Defendant Fails to Meet High Burden to Vacate Stipulation of Settlement
On March 14, 2024, the First Department issued a decision in Matter of Barclays Capital Inc. v. Carreras, 2024 NY Slip Op. 01336, holding that a party could not appeal a decision on a petition that it did not oppose . . . Continue reading Party Cannot Appeal Decision on Petition it Did Not Oppose
On February 23, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Shouela v. Shouela, 2024 NY Slip Op. 30572(U), refusing a delayed request to vacate a stipulation . . . Continue reading Court Refuses Delayed Request to Vacate a Stipulation
Two new judges have been assigned to the New York County Commercial Division: Hon. Anar Rathod Patel is now assigned to Part 45 and will assume a new inventory of Continue reading Two New Judges Assigned to the New York County Commercial Division
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
