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
On December 21, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Crespi v. PHD GBW, 2023 NY Slip Op. 34509(U), holding that LLC Law 808 does not bar an unregistered foreign LLC from asserting counterclaims . . . Continue reading LLC Law Does Not Bar Unregistered Foreign LLC from Asserting Counterclaims
On December 12, 2023, Justice Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, 2023 NY Slip Op. 34425(U), holding that a foreign LLC’s failure to register before bringing an action in New York was a curable defect . . . Continue reading Foreign LLC’s Failure to Register Before Bring an Action in New York is a Curable Defect
On December 12, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Su Hwa Chu v. Lai, 2023 NY Slip Op. 34408(U), holding that a referee had the authority to reject the highest bid at a judicial sale . . . Continue reading Referee Had Authority to Reject Highest Bid at Judicial Sale
On October 13, 2023, Justice Chan of the New York County Commercial Division issued a decision in Katzoff v. BSP Agency, LLC, 2023 NY Slip Op. 33781(U), holding that a delay in moving to amend is insufficient grounds for denying a motion to amend . . . Continue reading Delay in Moving to Amend Insufficient Grounds for Denying Motion to Amend
