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
On December 23, 2022, the Fourth Department issued a decision in On the Water Prods., LLC v. Glynos, 2022 NY Slip Op. 07320, excusing the failure to submit a statement of undisputed facts . . . Continue reading Court Excuses Failure to Submit Statement of Undisputed Facts
On December 8, 2022, the First Department issued a decision in Fuks v. Rakia Assoc., 2022 NY Slip Op. 06995, holding that a court erred in ruling on a referee’s decision without considering the evidence that the referee considered . . . Continue reading Court Erred in Reviewing Referee’s Order Without Reviewing Evidence Considered by the Referee
On November 2, 2022, the Second Department issued a decision in U.S. Bank N.A. v. Sanchez, 2022 NY Slip Op. 06155, holding that an action may not be dismissed for failure to prosecute if issue has not been joined . . . Continue reading Action May Not be Dismissed for Failure to Prosecute if Issue Has Not Been Joined
On October 27, 2022, the First Department issued a decision in GLCA Sec., LLC v. Gardes Holdings, Inc., 2022 NY Slip Op. 06064, holding that a declaratory judgment claim was viable even though it contemplated future events beyond the parties’ control . . . Continue reading Declaratory Judgment Claim Viable Even Though it Contemplated Future Events Beyond the Parties’ Control
On October 26, 2022, the Second Department issued a decision in CitiMortgage, Inc. v. Clement, 2022 NY Slip Op. 05987, holding that a trial court erred in dismissing an action after the defendant’s death and before a representative of the estate appeared . . . Continue reading Court Erred in Dismissing Action After Defendant’s Death and Before a Representative of the Estate Appeared
On October 27, 2022, the Court of Appeals issued a decision in 34-06 73, LLC v. Seneca Ins. Co., 2022 NY Slip Op. 06029, holding that plaintiff’s attempted amendment to add a reformation claim did not relate back to the original complaint because the original complaint failed to put the defendant on notice of the relevant facts . . . Continue reading Reformation Claim Did Not Relate Back to Breach of Contract Claim Because Original Complaint Failed to Put Defendant on Notice of Relevant Facts
On July 29, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in Sooklal v. 107 Steuben St., LLC, 2022 NY Slip Op. 32620(U), relieving a party from a failure to serve a timely request for a jury trial . . . Continue reading Court Excuses Defendants’ Failure to Serve Jury Demand
