On April 12, 2024, Justice Chan of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2024 NY Slip Op. 31473(U), dismissing claims because they used conclusory allegations . . . Continue reading Court Dismisses Claims Because They Used Conclusory Allegations
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)
On March 28, 2024, Justice Chan of the New York County Commercial Division issued a decision in Safra v. SNBNY Holdings Ltd., 2024 NY Slip Op. 31061(U), dismissing an action because the court lacked personal jurisdiction over a necessary party . . . Continue reading Court Dismisses Action Because of Lack of Jurisdiction over a Necessary Party
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
