On May 31, 2023, the Second Department issued a decision in Piccoli v. Cerra, Inc., 2023 NY Slip Op. 02901, holding that defendants waived their right to a jury trial by making an equitable counterclaim . . . Continue reading Defendants Waived Right to a Jury Trial By Making an Equitable Counterclaim
On April 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in Lebedev v. Blavatnik, 2023 NY Slip Op. 31183(U), holding that a plaintiff did not waive the right to a jury by seeking an accounting . . . Continue reading Plaintiff Did Not Waive Jury Trial by Seeking Accounting
On March 27, 2023, Justice Crane of the New York County Commercial Division issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2023 NY Slip Op. 30965(U), denying a recusal motion based on an adverse decision . . . Continue reading Court Denies Recusal Motion Based on Adverse Decision
On March 28, 2023, Justice Crane of the New York County Commercial Division issued a decision in NW Media Holdings Corp. v. IBT Media Inc., 2023 NY Slip Op. 30966(U), dismissing a conspiracy claim as duplicative of an aiding and abetting claim . . . Continue reading Conspiracy Claim Dismissed as Duplicative of Aiding and Abetting Claim
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
