On August 16, 2023, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Campbell, 2023 NY Slip Op. 04303, holding that the trial court erred in dismissing an action for failure to prosecute sua sponte . . . Continue reading Court Erred in Dismissing Action for Failure to Prosecute
On July 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Albano v. Meir Transp., 2023 NY Slip Op. 32728(U), dismissing an action for failure to prosecute . . . Continue reading Action Dismissed for Failure to Justify Failure to Prosecute
On July 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in EPMMNY LLC v. NY CANNA LLC, 2023 NY Slip Op. 32455(U), refusing to consider legal arguments made in a supporting affidavit . . . Continue reading Court Rejects Legal Argument Made in Supporting Affidavit
On July 5, 2023, the Second Department issued a decision in Peet’s Coffee & Tea HoldCo, Inc. v. North Am. Elite Ins. Co., 2023 NY Slip Op. 03703, holding that a motion to change venue fails when the venue chosen by the plaintiff is permissible . . . Continue reading Motion to Change Venue Fails Where Venue Chosen by Plaintiff is Permissible
On June 5, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Norddeutsche Landesbank Girozentrale v. Tilton, 2023 NY Slip Op. 31892(U), holding that legal research and photocopying costs are not costs chargeable in a judgment . . . Continue reading Legal Research and Photocopying Costs Are Not Costs Chargeable in a Judgment
On June 7, 2023, the Second Department issued a decision in Washington Mut. Bank v. Brottman, 2023 NY Slip Op. 03041, holding that a court is authorized, but never required, to dismiss an action for failure to prosecute . . . Continue reading Court is Authorized, But Never Required, to Dismiss an Action for Failure to Prosecute
On June 6, 2023, the First Department issued a decision in Cohen v. Gordon & Silber, PC, 2023 NY Slip Op. 02968, holding that a party’s delay in seeking a stay of a civil trial pending his criminal trial justified denying the stay . . . Continue reading Delay Justified Denying Party’s Motion to Stay Civil Trial Pending Criminal Trial
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
