On October 3, 2023, Justice Crane of the New York County Commercial Division issued a decision in Seymour v. Hovnanian, 2023 NY Slip Op. 33433(U), holding that the Judiciary Law does not entitle an attorney suing to enforce a charging lien to fees . . . Continue reading Judiciary Law Does Not Entitle Attorney Suing to Enforce a Charging Lien to Fees
On July 26, 2023, the Second Department issued a decision in Kingston Check Cashing Corp. v. Nussbaum Yates Berg Klein & Wolpow, LLP, 2023 NY Slip Op. 03913, holding that the attorney-witness rule applies only when counsel’s testimony is necessary, not just useful, to the moving party’s case . . . Continue reading Attorney-Witness Rule Applies Only if Counsel’s Testimony is Necessary, Not Just Useful, to the Moving Party’s Case
On June 7, 2023, Justice Cohen of the New York County Commercial Division issued a decision in Downtown Special Situations Holdings, LLC v. Mills Dental-Downtown Brooklyn, PLLC, 2023 NY Slip Op. 31930(U), defaulting a limited liability company for failure to appear through counsel . . . Continue reading LLC Defaulted for Failure to Appear by Counsel
On April 17, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2023 NY Slip Op. 31261(U), holding that in-house counsel that has not appeared in an action cannot be the subject of a motion for disqualification . . . Continue reading In-House Counsel That Has Not Appeared in an Action Cannot be the Subject of a Motion for Disqualification
On April 5, 2023, the Second Department issued a decision in Philip S. Schwartzman, Inc. v. Pliskin, Rubano, Baum & Vitulli, 2023 NY Slip Op. 01812, affirming the dismissal of a Judiciary Law Section 487 claim for lack of loss causation . . . Continue reading Judiciary Law 487 Claim Fails for Lack of Loss Causation
On January 5, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ankura Trust Co., LLC v. A & L 444 LLC, 2023 NY Slip Op. 50014(U), granting a motion to withdraw as counsel based on non-payment of fees . . . Continue reading Court Grants Motion to Withdraw Based on Failure to Pay Fees
On December 7, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Joseph v. Rassi, 2022 NY Slip Op. 34129(U), refusing to prevent former counsel from cooperating with former clients . . . Continue reading Former Counsel Cooperating with Former Clients Does Not Constitute Disqualifying Conflict
On September 29, 2022, Justice Ruchelsman of the Kings County Commercial Division issued a decision in ZW Acquisition LLC v. Volkov, 2022 NY Slip Op. 33295(U), refusing to disqualify a company’s former transactional counsel from representing a shareholder in an inter-shareholder dispute . . . Continue reading Court Refuses to Disqualify Company’s Transactional Counsel from Representing a Shareholder in an Inter-Shareholder Dispute
On September 14, 2022, the Second Department issued a decision in JPMorgan Chase Bank, N.A. v. Simonsen, 2022 NY Slip Op. 05156, holding that a defendant whose lawyer had been suspended from practice could not be defaulted unless served with a notice to appoint new counsel had been served . . . Continue reading Party Whose Counsel Had Been Suspended From Practice Cannot be Defaulted if Notice to Appoint New Counsel Not Served
On July 30, 2022, Justice Masley of the New York County Commercial Division issued a decision in Hindlin v. Prescription Songs LLC, 2022 NY Slip Op. 32601(U), sanctioning lawyers for their uncivil deposition behavior . . . Continue reading Court Sanctions Lawyers for Uncivil Deposition Behavior
