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 August 6, 2025, the Second Department issued a decision in Benjamin v. Kahen, 2025 NY Slip Op. 04538, holding that an action was barred by an unambiguous release . . . Continue reading Action Barred by Unambiguous Release
On July 30, 2025, the Second Department issued a decision in All Nations Steel Corp. v. KSK Constr. Group, LLC, 2025 NY Slip Op. 04449, holding that affidavits are not CPLR 3211(a)(1) documentary evidence . . . Continue reading Affidavits Are Not CPLR 3211(a)(1) Documentary Evidence
On May 13, 2025, the First Department issued a decision in South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Min. Co., Ltd., 2025 NY Slip Op. 02892, holding that questions of foreign law can be decided on a motion to dismiss . . . Continue reading Questions of Foreign Law Can Be Decided on a Motion to Dismiss
On January 14, 2025, the First Department issued a decision in Finch Prop. Holdings I, LLP v. Blumenfeld, 2025 NY Slip Op. 00190, holding that a court properly declined to dismiss an action in favor of an earlier-filed action . . . Continue reading Court Properly Declined to Dismiss Case in Favor of First-Filed Action
On February 18, 2025, the First Department issued a decision in GMF 157 LP v. Inspirit Dev. & Constr., LLC, 2025 NY Slip Op. 00913, holding that a dismissal in favor of a prior pending action was proper even though the actions did not have identical causes of action . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Even Though Actions Did Not Have Identical Causes of Action
On November 14, 2024, the First Department issued a decision in 2497 Realty Corp. v. Fuertes, 2024 NY Slip Op. 05624, holding that a motion to dismiss may be made after a defendant answers . . . Continue reading Motion to Dismiss May be Made After Defendant Answers
On November 6, 2024, the Second Department issued a decision in Provident Bank v. Maze Condos, LLC, 2024 NY Slip Op. 05465, holding that a financial statement was not documentary evidence sufficient to support a motion to dismiss under CPLR 3211(a)(1) . . . Continue reading Financial Statement Not Documentary Evidence Supporting Motion to Dismiss
On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Woodcock Capital LLC v. Schildr Inc., 2024 NY Slip Op. 33809(U), dismissing counterclaims in favor a claims in an earlier-filed action . . . Continue reading Counterclaims Dismissed in Favor of Claims in an Earlier-Filed Action
On September 30, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Ramirez v. Issa, 2024 NY Slip Op. 33488(U), staying a proceeding to dissolve a corporation in favor of an earlier filed action even though the earlier action did not seek dissolution . . . Continue reading Court Stays Dissolution Proceeding in Favor of Earlier-Filed Action Even Though it Did Not Seek Dissolution
