On July 28, 2023, the Fourth Department issued a decision in Matter of Witkowski v. HS 570, Inc., 2023 NY Slip Op. 04019, holding that a motion to dismiss in favor of a prior pending action should have been dismissed because of differences between the actions . . . Continue reading Motion to Dismiss in Favor of Prior Pending Action Denied Because of Differences Between Actions
On April 12, 2023, Justice Crane of the New York County Commercial Division issued a decision in Pragad v. Davis, 2023 NY Slip Op. 31210(U), declining to dismiss in favor of a prior pending action because the actions were not substantially identical . . . Continue reading Dismissal in Favor of a Prior Pending Action Denied Because the Actions Not Substantially Identical
On March 6, 2023, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Saleh v. Hudson 418 Riv. Rd. LLC, 2023 NY Slip Op. 30767(U), dismissing an action in favor of a prior pending action even though the actions included differing legal theories . . . Continue reading Action Dismissed Due to Prior Pending Action Even Though the Actions Included Differing Legal Theories
On February 22, 2023, the Second Department issued a decision in Alleyne v. Rutland Dev. Group, Inc., 2023 NY Slip Op. 00975, holding that a motion to dismiss based on documentary evidence was properly denied notwithstanding the plaintiff’s heavy burden on summary judgment or trial . . . Continue reading Motion to Dismiss Based on Documentary Evidence Fails Despite Plaintiff’s Heavy Burden on Summary Judgment or Trial
On January 13, 2023, Justice Masley of the New York County Commercial Division issued a decision in One PPW Owner, LLC v. IBI Group, 2023 NY Slip Op. 30167(U), holding that when an issue on a motion to dismiss was one of law, the court could convert the motion to on for summary judgment without notice . . . Continue reading When Issue Was Solely a Question of Law, Court Could Convert Motion to Dismiss to Motion for Summary Judgment Without Notice
On January 17, 2023, the First Department issued a decision in Melrose Assoc. L.P. v. Floral Assoc. L.P., 2023 NY Slip Op. 00181, holding that an affidavit is not documentary evidence for purposes of CPLR 3211(a)(1) . . . Continue reading Affidavit is not 3211(a)(1) Documentary Evidence
On November 30, 2022, Justice Chan of the New York County Commercial Division issued a decision in Charles Condominiums, LLC v. Victor RPM First, LLC, 2022 NY Slip Op. 34067(U), holding that a court may dismiss claims based on a prior pending action even when the legal theories are not identical . . . Continue reading Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical
On November 28, 2022, Justice Chan of the New York County Commercial Division issued a decision in Ja Kao v. Onyx Renewable Partners L.P., 2022 NY Slip Op. 34046(U), denying a motion to amend a claim against a defendant when the claims in the original complaint had been dismissed with prejudice . . . Continue reading Motion to Amend Denied Because Claims Already Had Been Dismissed with Prejudice
On November 29, 2022, the First Department issued a decision in 885 3rd Ave. Realty Owners LLC v. Alden Global Capital LLC, 2022 NY Slip Op. 06736, upholding a quantum meruit claim based on use and occupancy even though it was not pleaded as a separate cause of action . . . Continue reading Court Upholds Quantum Meruit Claim for Use and Occupancy Even Though it was Not Pleaded as a Separate Cause of Action
On November 23, 2022, the Second Department issued a decision in LaSalle Bank, NA v. Ferrari, 2022 NY Slip Op. 06699, denying plaintiff an extension of time to serve due to lack of due diligence . . . Continue reading Plaintiff Denied Extension to Time to Serve Due to Lack of Diligence
