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The Importance of Following Proper Procedure (and the Court’s Instructions)

In Pioneer Bank v. Teal, Becker & Chiaramonte, CPAs, P.C.,  Justice Platkin of the Albany County Commercial Division denied defendants’ fact-based motion to dismiss brought under CPLR 3211(a)(7) (failure to state a claim) and...more

Proposed Amendment to Commercial Division Rule 36 to Clarify Courts’ Authority to Order Virtual Evidentiary Hearings and Bench...

More than two years into the Covid-19 pandemic, the Commercial Division Advisory Council (“CDAC”) has proffered an amendment to the Commercial Division Rules that reinforces a court’s authority to order virtual proceedings...more

The Importance of Proper Notice in Defending Against Yellowstone Injunctions

In Ronald Benderson 1995 Trust v. Erie County Medical Center Corporation, Justice Walker of the Erie County Commercial Division granted Plaintiff’s request for a Yellowstone injunction where the defendant landlord provided a...more

New York State Unified Court System Issues Protocols and Procedures for Virtual Bench Trials

On February 11, 2021, the New York State Unified Court System issued Virtual Bench Trial Protocols and Procedures (“Protocols and Procedures”) in light of the ongoing Covid-19 pandemic....more

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