On May 23, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bank of Am., N.A. v. Dollar Phone Corp., 2022 NY Slip Op. 31777(U), holding that after a motion to dismiss has been made, any discontinuance must be by court order or consent . . . Continue reading After a Motion to Dismiss Has Been FiIed, Any Discontinuance Must be by Consent or Court Order
On May 26, 2022, the First Department issued a decision in Lewis v. Pierce Bainbridge Beck Price & Hecht LLP, 2022 NY Slip Op. 03448, denying a motion to amend because the proposed amendment did not present new or different facts . . . Continue reading Motion to Amend Denied Because Proposed New Amendment Did Not Present New or Different Facts
On April 21, 2022, Justice Masley of the New York County Commercial Division issued a decision in DT Net Lease I REIT v. Coughlan, 2022 NY Slip Op. 31326(U), refusing to seal a settlement agreement . . . Continue reading Court Refuses to Seal Settlement Agreement
On May 4, 2022, Justice Reed of the New York County Commercial Division issued a decision in Maple Drake Austell Owner, LLC v. D.F. Pray, Inc., 2022 NY Slip Op. 50346(U), denying a discovery motion for failure to follow the Commercial Division Rules’ discovery dispute procedures . . . Continue reading Discovery Motion Denied for Failure to Follow Discovery Dispute Rules
On March 21, 2022, Justice Masley of the New York County Commercial Division issued a decision in Highcap Group LLC v. Jam Equities, LLC, 2022 NY Slip Op. 30933(U), holding that the absence of an affidavit of merit was not fatal to a motion to amend . . . Continue reading Absence of Affidavit of Merit Not Fatal to Motion to Amend
On February 24, 2022, the First Department issued a decision in Endothelix, Inc. v. Vasomedical, Inc., 2022 NY Slip Op. 01240, upholding the denial of a motion for leave to amend the complaint to conform to the evidence because the delay in making that motion prejudiced the defendant . . . Continue reading Motion to Amend Pleadings to Conform to the Evidence Denied Because of Prejudicial Delay
On February 9, 2022, the Second Department issued a decision in Bank of Am., N.A. v. Ali, 2022 NY Slip Op. 00838, vacating a dismissal for failure to prosecute because of the lack of proper notice . . . Continue reading Dismissal for Failure to Prosecute Vacated for Failure to Give Proper Notice
On February 8, 2022, the First Department issued a decision in E D & F Man Sugar Ltd. v. Gellert, 2022 NY Slip Op. 00813, staying a first-filed action to recover on a guaranty in favor of a later-filed action related to the guarantied obligation . . . Continue reading First-Filed Action to Recover on Guaranty Stayed in Favor of Later Action Related to the Guarantied Obligation
On January 24, 2022, Justice Platkin of the Albany County Commercial Division issued a decision in Real Estate Webmasters Inc. v. Rodeo Realty, Inc., 2022 NY Slip Op. 50037(U), holding that a defendant waived the right to a jury trial by pleading equitable defenses . . . Continue reading Defendant Waives Right to a Jury Trial by Asserting Equitable Defenses
