On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a note of issue because discovery was not complete . . . Continue reading Court Vacates Note of Issue Because of Incomplete Discovery
On August 20, 2025, the Second Department issued a decision in Greenpoint Mtge. Funding, Inc. v. Recinos, 2025 NY Slip Op. 04707, dismissing an action for failure timely to seek a default judgment . . . Continue reading Court Dismisses Action for Failure to Seek Default Judgment for Over a Year
On August 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 9th Ave Hotel Prop. Holding LLC, 2025 NY Slip Op. 51276(U), denying a motion to substitute in as a party because the movant failed to prove its standing . . . Continue reading In Order to Substitute in as a Party, the Movant Must Prove its Standing
On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
On August 6, 2025, the Second Department issued a decision in James B. Nutter & Co. v. Hutson, 2025 NY Slip Op. 04557, holding that a court should not dismiss an action for failure to prosecute if there is a reasonable excuse for the delay . . . Continue reading Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay
On June 13, 2025, Justice Whelan of the Suffolk County Commercial Division issued a decision in L.S. v. Gameng, 2025 NY Slip Op. 50968(U), holding that the fact that the parties agreed to seal documents was an insufficient grounds for sealing them . . . Continue reading Party Agreement to Seal Documents Insufficient Grounds for Sealing Them
On June 5, 2025, Justice Chan of the New York County Commercial Division issued a decision in Baric Commons REO, LLC v. Gross, 2025 NY Slip Op. 32087(U), holding that a motion to amend to add a claim is not barred by the fact that the plaintiff was aware of the claim before it initiated the lawsuit . . . Continue reading That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it
On June 16, 2025, the Office of Court Administration issued a request for public comment on a proposed new Commercial Division rule regarding virtual evidence courtrooms . . . Continue reading Proposed New Commercial Division Rule Regarding Virtual Evidence Courtrooms
On May 27, 2025, Justice Reed of the New York County Commercial Division issued a decision in Schneider v. Pine Mgt., Inc., 2025 NY Slip Op. 50855(U), refusing to seal court records showing non-party names and addresses . . . Continue reading Court Refuses to Seal Records Showing Non-Party Names and Addresses
