On May 5, 2022, the First Department issued a decision in Nurlybayev v. SmileDirectClub, Inc., 2022 NY Slip Op. 03053, affirming the dismissal of a securities class action in favor of a prior pending class action in another state . . . Continue reading Securities Class Action Dismissed in Favor of Prior Pending Action
On April 29, 2022, the Fourth Department issued a decision in Davis v. Evangelical Lutheran Church In Am., 2022 NY Slip Op. 02914, exploring the limits to documentary evidence under CPLR 3211(a)(1) . . . Continue reading Court Explores Limits of 3211(a)(1) Documentary Evidence
On March 10, 2022, the First Department issued a decision in Wormwood Capital LLC v. Mulleady, 2022 NY Slip Op. 01526, holding that defendants had failed to meet the burden necessary to justify a forum non conveniens dismissal. Continue reading Defendants Fail to Meet Burden on Forum Non Conveniens Motion
On January 11, 2022, Justice Masley of the New York County Commercial Division issued a decision in Chao Jiang v. Ping An Ins., 2022 NY Slip Op. 30072(U), holding that filing an answer does not moot a pending motion to dismiss . . . Continue reading Filing an Answer does not Moot a Pending Motion to Dismiss
On January 13, 2022, Justice Chan of the New York County Commercial Division issued a decision in Finkelstein v. Bank of N.Y. Mellon, 2022 NY Slip Op. 30186(U), holding that a complaint may be verified by counsel when counsel has personal knowledge of investigations into the relevant claims . . . Continue reading Complaint May Be Verified by Counsel When Counsel Has Personal Knowledge of Investigations into the Relevant Claims
On October 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Xiaoyan Lu v. Sagewood SFF III LLC, 2021 NY Slip Op. 32285(U), holding that allegations made upon information and belief are sufficient when the facts are peculiarly within the defendant’s knowledge . . . Continue reading Allegation Made Upon Information and Belief Sufficient When Facts Peculiarly Within Defendant’s Knowledge
On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C Merrick Realty Co., LLC, 2021 NY Slip Op. 04702, holding that a defendant cannot move to dismiss a claim that is not asserted against it . . . Continue reading Defendant Cannot Move to Dismiss Claim That is Not Asserted Against It
