On August 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in 435 Cent. Condo Dev. Holdings LLC v. Midtown Oaks JV Holdings LLC, 2025 NY Slip Op. 33103(U), denying a motion to discontinue without prejudice for failure to justify the lack of prejudice . . . Continue reading Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice
On August 12, 2025, Justice Masley of the New York County Commercial Division issued a decision in Pattern Energy Group LP v. Perillo, 2025 NY Slip Op. 33084(U), refusing to seal filings because their contents were harmful to a party’s reputation . . . Continue reading Court Refuses to Seal Arbitration Filings for Being Harmful to a Party’s Reputation
On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical . . . Continue reading Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
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
