Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Deutsche Bank Sec. Inc. v. 683 Capital Partners LP, 2023 NY Slip Op. 50002(U), granting additional time to serve in the interests of justice despite failure to prove due diligence . . . Continue reading Court Grants Additional Time to Serve Based on the Interests of Justice Despite Failure to Prove Due Diligence

Court Denies Extra Time for Service Based on Lack of Diligence

Court Denies Extra Time for Service Based on Lack of Diligence

On January 3, 2023, Justice Reed of the New York County Commercial Division issued a decision in Ardel Constr. & Design Group, Corp. v. VBG 990 AOA LLC, 2023 NY Slip Op. 50003(U), denying a motion to extend time to serve because of the plaintiff’s failure to diligently attempt to serve within the 120 days set by statute . . . Continue reading Court Denies Extra Time for Service Based on Lack of Diligence

Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical

Court May Dismiss Based on a Prior Pending Action Even When the Legal Theories are not Identical

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

Even When Contract Grants Party Absolute Discretion, That Discretion May not be Exercised Arbitrarily or Irrationally

Even When Contract Grants Party Absolute Discretion, That Discretion May not be Exercised Arbitrarily or Irrationally

On December 19, 2022, Justice Chan of the New York County Commercial Division issued a decision in MLCJR, LLC v. PDP Group, Inc., 2022 NY Slip Op. 34345(U), holding that even when a contract grants a party absolute discretion, that discretion may not be exercised arbitrarily or irrationally . . . Continue reading Even When Contract Grants Party Absolute Discretion, That Discretion May not be Exercised Arbitrarily or Irrationally