As litigators in the Commercial Division, everyone knows that discovery can be particularly burdensome and time consuming. This is especially true when you have clients that are very protective of their information. The Commercial Division already has anticipated this by offering attorneys a model confidentiality agreement, which in some cases can be further negotiated
Those Seeking to Vacate An Arbitration Award Face An Uphill Battle
You’ve just represented a client in an arbitration proceeding…and lost. The client wants to “appeal” the decision. Now what? The only remedy your client has is to request that the court vacate or modify the arbitration award. However, this is no small task.
A recent decision by New York County Commercial Division Justice Charles E.
Commercial Division Rules May Be Coming to a Non-Commercial Court Near You
For those civil practitioners who don’t regularly practice in the Commercial Division – beware. The Unified Court System’s Advisory Committee on Civil Practice (the “Committee”) has proposed that nine (9) Commercial Division Rules be broadly adopted by other, non-commercial civil courts. These nine rules all have one common goal: to promote efficiency in New York
At Least I Still Have My Rights of Inspection
Perhaps it’s because I’ll be speaking on the topic later this week, or perhaps it’s because of a recent post on another one of our blogs, but shareholder rights of inspection have been on the mind of late.
While researching 2018 New York cases addressing inspection rights, particularly in the Commercial Division, I came across
Does “freedom of contract” really exist when it comes to statute of limitations in a mortgage-backed securities contract?
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