Although we generally report on recent Commercial Division decisions, and sometimes commercial cases coming out of the Appellate Divisions, this time we go all the way to the top: the Court of Appeals. Not often do we see commercial cases with a procedural twist coming out of our High Court (of NY). However, last week,
General Release Bars Family from Recovering Art from the Holocaust
A general release: the end of a litigation or relinquishment of a right? Every attorney and litigant often breathes a sigh of relief when a litigation comes to a conclusion. But is that always the case? Not when the release covers more than may have been intended.
In a recent decision by Commercial Division Justice
Amended CPLR 503(a): “Extra Butter” Sneakerheads Must Defend Alleged Theft of Yeezys, and Other Fly Kicks, in New York County
It has been almost one year since the New York legislature amended CPLR 503(a) to provide for venue in “the county in which a substantial part of the events or omissions giving rise to the claim occurred.” Yet a recent decision by Commercial Division Justice Andrea Masley shows that some practitioners have either forgotten about
Have a Dog In Someone Else’s Fight? Intervene to Protect Your Right!
Generally speaking, most people want to avoid becoming entangled in litigation. But what happens when an action is pending and, although your client is not a party, his or her interests may be adversely affected? Move to intervene.
Intervention is a procedure whereby an outsider can become a party to a pending action on its
Check the Rules Part VIII: More Updated Part Rules in the Manhattan Commercial Division
Over the past year or so, we have made a point of highlighting in the “Check the Rules” series on this blog periodic updates to the individual practice rules of certain Commercial Division Justices, including Justice Eileen Bransten in New York County (twice, in fact), Justices Marguerite A. Grays and Leonard Livote in
Is the Defense of “Release” Documentary Evidence Under 3211(a)(1) or an Affirmative Defense Under (a)(5)(or does it matter)?
In Miller v. Brunner, the Appellate Division, Second Department spoke clearly (again) about how to move to dismiss on the defense of release. In a case arising out of the Commercial Division in Kings County (Hon. Sylvia G. Ash), a question on appeal was whether the defense of release is considered “documentary
“Unnecessary and Inappropriate”: The declaration no one wanted
Your client wants to recover damages f
or breach of contract and demands that you assert as many causes of action as possible. In addition to the breach cause of action, you consider a declaratory judgment claim, right? Wrong! The Second Department has held time and time again that “[a] cause of action for a
Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff
Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied? Not if the two plaintiffs are the same person switching from their individual to representative capacity, held the Second
Court Confirms Arbitration Award Against Respondent Who Failed to Check Her Mail
A recent decision out of the Suffolk County Commercial Division underscores the importance of staying on top of your mail if you plan on leaving New York for an extended period of time. Last week, in Matter of New Brunswick Theological Seminary v Van Dyke, 2018 NY Slip Op 51204(U), Justice Emerson confirmed
Court Says Uber Makes Things Difficult But Not “Impossible” for NYC Taxis
I made two observations coming out of Grand Central Station during my morning commute last week. First, the city really stinks after a string of oppressively hot and humid summer days. Second, there appears to be a temporary taxi stand, perhaps occasioned by the ongoing construction of the new One Vanderbilt building, just outside