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
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
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
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
