Frequent readers of this blog may recall my post from the end of last year in which I highlighted a decision of the Appellate Division, First Department affirming a decision of New York County Commercial Division Justice Shirley Werner Kornreich, that examined the application of Judiciary Law § 470. For those needing a refresher, Judiciary
Check the Rules Part V – Motion and Pre-Trial Practice in Kings County and Other Helpful Resources
For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by Hon. Sylvia G. Ash.
As hyperlinked within any number of past posts on this blog, the Commercial Division’s official webpage
When Does Intentional Wrongdoing Render a “Limitation of Liability” Clause Unenforceable?
That was the issue presented to the Appellate Division, First Department in Electron Trading, LLC v. Morgan Stanley & Co. LLC, which was an appeal from the grant of defendant’s motion to dismiss a contractual claim seeking damages above the amount allowable under the contract’s limitation of liability clause. Justice Saliann Scarpulla granted defendant’s
State of Our Judiciary Address Announces E-Filing Rules for Appellate Divisions Affecting Commercial Cases
Chief Judge Janet DiFiore announced on Tuesday (February 6) in her State of Our Judiciary Address, that the Appellate Divisions in all four Departments will be rolling out electronic filing rules for certain cases. Of particular interest to commercial litigators is the First and Fourth Departments, in which the rule announcement specifically identifies commercial
Not All “Repeated Discovery Failures” Lead to the Striking of a Pleading
So you entered into a Preliminary Conference and a Compliance Conference Order with your adversary whereby the parties have to exchange discovery by dates certain. The purpose of these orders is to save parties a significant amount of time and money and to move along litigation. However, when a party repeatedly fails to comply with
Content Developer Attempts to Tag MLB with Conversion: “Safe,” Rules Justice Kornreich
Have you ever had a brilliant business idea, only to discover years later that someone else has beaten you to market? If you are a professional athlete, you might break your hand punching a fire extinguisher or picture frame in frustration. If you are a web developer, you might indignantly exclaim, “They literally stole
Which Statute of Limitations Applies to Your Declaratory Judgment Action?
So your client wants you to file a declaratory judgment action, but you are unsure of whether the applicable statute of limitations has expired. But what is the applicable statute of limitations in a declaratory judgment action? Since there is no limitations period specifically addressed to the declaratory judgment action, it generally falls under the
Be Sure to ‘Like’ This Summons on Facebook
My colleague Adam Rafsky’s astute post last week on Manhattan Commercial Division Justice Shirley Werner Kornreich’s recent reminder regarding the importance of proper service and claim viability when seeking a default judgment under CPLR 3215 reminded me of another default decision last fall from the same judge also addressing issues of service.
Defamation Claims Against Gemological Institute Doomed: Qualified Privilege Shield Is Stronger Than A Diamond
“Diamonds are nothing more than chunks of coal that stuck to their jobs,” said Malcom Forbes. An industry that generates over $13 billion annually, diamonds are considered one of the world’s major natural resources. Critical to the integrity of the market are reports or certificates that grade the quality of the stones
A Reminder for Non-Resident Attorneys Seeking to Practice in New York: Be Sure to Comply with Judiciary Law § 470!
This week, we examine the answer to a simple question: may an out-of-state lawyer serve as counsel in a New York state court procee
ding absent making a motion for admission pro hac vice? To answer this slightly ambiguously worded question, we need more information. Specifically, the answer depends on the meaning of “out-of-state”