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)

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing
Commercial Case Notes / Motion to Dismiss / Standing

On a Motion to Dismiss, Defendant Bears the Burden of Making an Initial Showing of Lack of Standing

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