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Commercial Division Dismisses Commercial Tenant’s Complaint Seeking to Rescind or Terminate Lease and Avoid Rent Obligations

Recently, in Valentino U.S.A., Inc. v. 693 Fifth Owner LLC, Justice Andrew Borrok of the New York County Commercial Division dismissed a complaint brought by Valentino U.S.A., Inc. (“Valentino” or “Tenant”), which sought to...more

Judges Chan and Crane Are Assigned as New Commercial Division Judges

Hon. Margaret Anne Pui Yee Chan and Hon. Melissa A. Crane have been assigned to the Commercial Division of Supreme Court, New York County. Judge Chan’s assignment to the Commercial Division follows an eight-year stint as an...more

Stay Up to Date on Recent Changes to New York’s Commercial Division Rules – CLE Held on Division Rules Changes and Application of...

A CLE was recently presented by the Columbian Lawyers Association of the First Department on February 3, 2021 to offer guidance on the latest rule changes affecting the New York State Courts and the Commercial Division in...more

Commercial Division Finds Movie Theater Not Entitled to Business Interruption Coverage for COVID-19 Closures

Last summer, we wrote about two principles of New York law that could provide a path to insurance coverage for businesses hit hard by the economic losses resulting from Governor Cuomo’s COVID-19-related shutdown orders....more

First Department Issues First Ruling Dismissing Securities Act Claims Following the U.S. Supreme Court’s Cyan Decision

As New York commercial practitioners will recall, the U.S. Supreme Court in Cyan, Inc. v. Beaver Cty. Emps. Ret. Fund held that state and federal courts have concurrent jurisdiction over class actions alleging violations of...more

Court of Appeals Holds Bankruptcy Law Does Not Preempt Lender’s Tortious Interference Claims Against Third-Party Non-Debtors

In Sutton 58 Associates LLC v. Pilevsky, the New York Court of Appeals recently held in a 4-3 split decision that, under certain circumstances, bankruptcy law does not preempt a lender’s state law claims against third-party...more

Commercial Division Dismisses Petition to Dissolve LLCs Based on Broadly Stated Purpose Provision

In Lazar v. Attena LLC, Justice Andrea Masley of the New York County Commercial Division granted Arik Mor and Uriel Zichron’s (together, “Respondents”) motion to dismiss a petition to dissolve three limited liability...more

Justice Robert Reed Appointed to New York County Commercial Division

On Monday, just days after Justice Peter Sherwood and Justice Marcy Friedman announced their upcoming retirements from the bench, the Chief Administrative Judge announced the news that Justice Robert Reed—currently a New York...more

10/9/2020  /  Judges , Judicial Appointments

Commercial Division Considers Effects of COVID Executive Orders on Use and Occupancy Payments for Real Estate

A recent ruling by the Kings County Commercial Division offers a glimpse into how courts in New York may resolve COVID-19-related disputes regarding leases and real property, as well as how courts may handle situations in...more

Commercial Division Rules that Personal Jurisdiction Over Defendant Is Relevant to Determining Whether to Grant Preliminary...

Recently, in Setter Capital, Inc. v. Chateauvert, Justice Andrea Masley of the Commercial Division ruled that the issue of whether a court has personal jurisdiction over a defendant is relevant to determining whether to grant...more

New Oral Argument Protocol at the First Department

On August 17, 2020, the Appellate Division, First Department announced that starting in the September term, and continuing until further notice, it will hold oral arguments both in-person at the courthouse and remotely via...more

Second Department to Allow Virtual Option for Oral Arguments

Starting on September 8, 2020 and continuing indefinitely, litigants eligible for oral argument in the Second Department will be given the option of arguing in person, via Microsoft Teams, or submitting.  Notice must be sent...more

Appellate Division, First Department Expands Mandatory E-filing

The Appellate Division, First Department has expanded the categories of appeals subject to e-filing through the New York State Court Electronic Filing System (NYSCEF). Effective July 27, 2020, e-filing is now mandatory for...more

7/31/2020  /  E-Filing , Filing Requirements

New York Court of Appeals Resumes In-person Filings

On July 22, 2020, the New York Court of Appeals announced that the Court of Appeals Hall in Albany is now open for in-person filings. The Court will continue to accept mailed and electronic submissions as permitted by its...more

Updates on COVID-19’s Impact on Commercial Appeals: New York Court of Appeals Expands Digital Filings, While the Appellate...

The progress of taking commercial appeals in New York has been impacted significantly by the onset of the COVID-19 pandemic. Deadlines for perfecting appeals were suspended and oral arguments were canceled. Although Skype...more

E-Filing of New, Non-Essential Matters to Resume

On May 20, 2020, Justice Lawrence Marks, the Chief Administrative Judge of the New York Unified Court System, issued a memorandum announcing that, effective May 25, 2020, “e-filing through the NYSCEF system – including the...more

5/22/2020  /  E-Filing , Re-Opening Guidelines

Phase One Re-Opening of In-Person Court Operations

On May 13, 2020 the New York State Unified Court System announced a plan for the gradual return of judges, clerks, and court staff to courthouses in select upstate counties—with litigants being able to electronically file new...more

Governor Andrew Cuomo Extends Tolling of Statute-of-Limitations

On May 7, 2020, New York Governor Andrew Cuomo issued Executive Order 202.28, which, among other things, “continue[d] the suspension and modifications of laws, and any directive, not superseded by a subsequent directive, made...more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency (Updated #2)

May 4, 2020 - Update: On May 4, 2020 Chief Administrative Judge Marks promulgated an order that codifies the new policies delineated in his memorandum of April 30, 2020 and discussed in the below “Update” of May 1, 2020....more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency (Updated)

Update: Chief Administrative Judge Marks has issued a memorandum which explains that as of Monday, May 4, 2020, parties in pending cases in the New York court system will be able to electronically file new motions, responsive...more

New York Courts Expand Virtual Operations Amid COVID-19 Emergency

As a further update to our earlier posts about COVID-19’s effect on the Commercial Division, the New York court system has expanded its virtual operations to include proceedings in nonessential matters, including pending...more

Chief Judges Announce Plan for Virtual Court Proceedings and Resumption of Non-Essential Matters in the Commercial Division and...

Update: Chief Administrative Marks has promulgated an order that makes the plans detailed below effective as of April 13, 2020. The order also notes that video conferences will be administered exclusively through Skype for...more

Failure to State the “Obvious” Does Not Give Rise to a Securities Violation

Commercial Division Justice Andrew Borrok recently issued a decision in Lonny Matlick et al. v. AmTrust Financial Services, Inc., addressing the following question: Can an issuer be held liable under the Securities and...more

Gov. Cuomo Tolls Procedural Laws Including Statutes of Limitations

On March 20, 2020, in order to limit court operations in light of the evolving COVID-19 emergency, Governor Cuomo issued Executive Order 202.8. ...more

COVID-19’s Effect on New York Commercial Division (Updated)

Over the last few days, Judge Lawrence K. Marks, the Chief Administrative Judge of the New York State Unified Court System, issued two memoranda bearing on COVID-19’s effect on the Commercial Division....more

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