On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

On September 30, 2023, Justice Masley of the New York County Commercial Division issued a decision in Board of Mgrs. of 11 Beach St. Condominium v. HFZ 11 Beach St. LLC, 2023 NY Slip Op. 33419(U), holding that on a motion dismiss, the defendant bears the initial burden of making a prima facie showing of a lack of standing . . . Continue reading On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

Motion to Dismiss in Favor of Prior Pending Action Denied Because of Differences Between Actions

Motion to Dismiss in Favor of Prior Pending Action Denied Because of Differences Between Actions

On July 28, 2023, the Fourth Department issued a decision in Matter of Witkowski v. HS 570, Inc., 2023 NY Slip Op. 04019, holding that a motion to dismiss in favor of a prior pending action should have been dismissed because of differences between the actions . . . Continue reading Motion to Dismiss in Favor of Prior Pending Action Denied Because of Differences Between Actions

Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical

Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical

On April 12, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31210(U), declining to dismiss in favor of a prior pending action because the actions were not substantially identical . . . Continue reading Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical

Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories

Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories

On March 6, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Saleh v. Hudson 418 Riv. Rd. LLC, 2023 NY Slip Op. 30767(U), dismissing an action in favor of a prior pending action even though the actions included differing legal theories . . . Continue reading Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories

Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial

Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial

On February 22, 2023, the Second Department issued a decision in Alleyne v. Rutland Dev. Group, Inc., 2023 NY Slip Op. 00975, holding that a motion to dismiss based on documentary evidence was properly denied notwithstanding the plaintiff’s heavy burden on summary judgment or trial . . . Continue reading Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial

When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice

When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice

On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice . . . Continue reading When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice