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
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
