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
On October 19, 2023, the First Department issued a decision in Magna Equities II, LLC v. Writ Media Group Inc., 2023 NY Slip Op. 05320, holding that a judgment must conform to the underlying decision . . . Continue reading Judgment Must Conform to Underlying Decision
On October 6, 2023, the Fourth Department issued a decision in CHS, Inc. v. Land O’Lakes Purina Feed, LLC, 2023 NY Slip Op. 05071, holding that a proposed amendment related back to the original pleading when the amendment related to the same facts and occurrence as the original claims . . . Continue reading Proposed Amendment Relates Back to Original Pleading if it Relates to the Same Facts and Occurrences
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
