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
On July 25, 2022, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v 683 Capital Partners LP, 2022 NY Slip Op. 50666(U), refusing to seal court records . . . Continue reading Court Refuses to Seal Filings
On July 20, 2022, the Second Department issued a decision in Castaldi v. Castle Restoration, LLC, 2022 NY Slip Op. 04621, holding that an unjustified delay in moving to amend was a proper basis for denying amendment . . . Continue reading Unjustified Delay Leads to Denial of Motion to Amend
On July 8, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Tekiner v. Bremen House Inc., 2022 NY Slip Op. 32191(U), refusing to seal documents despite the parties’ agreement to seal . . . Continue reading Court Refuses to Seal Documents Despite Parties’ Agreement to Do So
On June 21, 2022, Justice Cohen of the New York County Commercial Division issued a decision in Durst Pyramid LLC v. Silver Cinemas Acquisition Co., 2022 NY Slip Op 31958(U), cautioning counsel about the use of affidavits and Rule 19-a statements to avoid word-count limits . . . Continue reading Court Cautions Counsel Against Using Affidavits and Rule 19-a Statements to Avoid Word-Count Limits
