Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts
Commercial Case Notes / Motion to Dismiss

Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

On September 27, 2024, Justice Patel of the New York County Commercial Division issued a decision in Aerogen LLC v. Tapjets Holdings Inc., 2024 NY Slip Op. 51341(U), declining to dismiss in favor of an earlier filed action when the later action involved more parties and contracts . . . Continue reading Court Declines to Dismiss in Favor of Earlier Filed Action When Later Action Involved More Parties and Contracts

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced

On July 26, 2024, the Fourth Department issued a decision in Resetarits Constr. Corp. v. Norfolk S. Ry. Co., 2024 NY Slip Op. 04019, holding that a motion to intervene was not untimely because the existing litigants were not prejudiced . . . Continue reading Motion to Intervene Not Untimely So Long As Existing Litigants Not Unduly Prejudiced

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action

On July 30, 2024, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. SMI USA Group LLC, 2024 NY Slip Op. 50977(U), holding that insufficient similarity of suits defeated a motion to dismiss in favor of a prior pending action . . . Continue reading Insufficient Similarity of Suits Defeats Motion to Dismiss in Favor of Prior Pending Action

Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to dismiss claims in an amended complaint that were in the original complaint violate the single motion rule . . . Continue reading Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice

On June 11, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Cityview Partners, LLC v. Lucas, 2024 NY Slip Op. 32011(U), holding that a motion to dismiss directed to the substance of the plaintiff’s claims could not be made when only a Summons with Notice had been filed . . . Continue reading Motion to Dismiss Cannot be Directed to the Substance Claims in a Summons with Notice

Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action

On May 2, 2024, the First Department issued a decision in RDF Agent, LLC v. Electric Red Ventures, LLC, 2024 NY Slip Op. 02384, holding that a court did not err in refusing to dismiss a lawsuit in New York in favor of a first filed Texas action . . . Continue reading Court Did Not Err in Refusing to Dismiss New York Action in Favor of First Filed Texas Action

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)
Commercial Case Notes / Motion to Dismiss

Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)

On April 6, 2024, Justice Masley of the New York County Commercial Division issued a decision in Zurich Am. Ins. Co. v. Providence Capital LLC, 2024 NY Slip Op. 31202(U), holding that a motion to dismiss a defense can be made on any ground, not just those listed in CPLR 3211(a) . . . Continue reading Motion to Dismiss a Defense Can be Made on Any Ground, Not Just Those Listed in CPLR 3211(a)