On March 19, 2024, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2024 NY Slip Op. 01525, holding that a second motion to dismiss was barred by the one motion rule . . . Continue reading Motion to Dismiss Barred by Single Motion Rule
On March 19, 2024, the Court of Appeals issued a decision in Favourite Ltd. v. Cico, 2024 NY Slip Op. 01496, holding that a court may allow amendment of a complaint that has been dismissed, even after the Appellate Division has affirmed the dismissal of the complaint . . . Continue reading Court May Allow Amendment of Dismissed Complaint
On November 9, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Ocean Park Apts., Inc. v. Maxem Realty LLC, 2023 NY Slip Op. 33996(U), dismissing a counterclaim for being a mirror image of the plaintiff’s claim . . . Continue reading Counterclaim Dismissed for Being Mirror Image of Plaintiff’s Claim
On November 14, 2023, justice Cohen of the New York County Commercial Division issued a decision in ARC NYWWPJV001, LLC v. WWP JV LLC, 2023 NY Slip Op. 34043(U), dismissing affirmative defenses for lack of supporting allegations . . . Continue reading Affirmative Defenses Struck for Lack of Supporting Allegations
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
On September 28, 2023, the First Department issued a decision in Ringel v. Ringel, 2023 NY Slip Op. 04831, holding that a trial court erred in dismissing a claim sua sponte, without giving the plaintiff an opportunity to respond . . . Continue reading Court Erred in Dismissing Claim Sua Sponte Without Giving Party a Chance to Respond
On July 24, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Albano v. Meir Transp., 2023 NY Slip Op. 32728(U), dismissing an action for failure to prosecute . . . Continue reading Action Dismissed for Failure to Justify Failure to Prosecute
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
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
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
