In a recent decision in Tsung Tsin Ass’n v. Tian Xiang Zhu, Index No. 651584/2023, Doc. No. 213, 2023 BL 426536 (Sup. Ct. N.Y. Cnty. Nov. 16, 2023), Justice Schecter of the New York County Commercial Division took the rare step of striking a defendant’s answer for repeated discovery violations. This decision provides an example
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Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign Defendants
On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index No. 656419/2022, Doc. No. 16, 191 N.Y.S.3d 922 (Sup. Ct. N.Y. Cnty. July 17, 2023), to serve process…
Recent Commercial Division Decision Explores Interactions Between New York’s Amended Anti-SLAPP Law and Breach of Contract Claims
On June 9, 2023, Justice Robert Reed of the New York State Court, Commercial Division, issued a decision in Trump v. Trump, 192 N.Y.S.3d 891 (Sup. Ct. N.Y. Cnty. June 9, 2023). This decision largely denied Mary Trump’s motion to dismiss the claims brought by former president Donald Trump alleging that she breached a settlement…
Commercial Division Denies Car Dealership Owner’s Motion to Dismiss Suit Brought by Dealership’s Operating Companies, Puts Internal Dispute Back in Gear
Judge Richard Platkin of Albany County recently handed down a stark reminder to Defendant Walid Darwish: everyone has to follow the rules of the road, even the person who writes the rules and owns all the cars. On April 26, 2023, Judge Platkin denied Darwish’s motion to dismiss in all respects, filed in response to…
'Mallory' Decision Could Have Profound Implications for Out-of-State Companies Registered to Do Business in NY
This post originally appeared in the New York Law Journal. The court’s decision in Mallory could have profound implications for larger-sized companies that operate in multiple states throughout the country. And nowhere is this truer than in New York, where the state’s status as a global hotspot for foreign investment has attracted myriad out-of-state companies…
Recent Commercial Division Decision Provides Examples of Both Common and Uncommon Discovery Issues
On April 28, 2023, Justice Reed of the New York County Commercial Division issued decisions on motions to bifurcate proceedings, compel discovery, and impose sanctions in ASM Capital, LP v. Four Wood Capital Partners, LLC, Index No. 657238/2019, 78 Misc.3d 1230(a) (Sup. Ct. N.Y. Cnty. Apr. 28, 2023). The decisions provide examples of both common discovery…
Commercial Division Reaffirms that a Party May Waive Right to Arbitration Through Conduct
How long and to what extent can a party litigate in court before claiming that the dispute needs to be arbitrated? That issue has come up with some frequency in state and federal courts throughout the country. The Commercial Division’s decision in Worbes Corp. v Sebrow[1] adds to that body of developing case law. …
Commercial Division Dismisses Duplicative Claims under the Doctrines of Res Judicata and Collateral Estoppel
In Haart v. Scaglia[1], Justice Borrok of the New York County Commercial Division partially granted the defendant’s motion to dismiss based on the doctrines of res judicata and collateral estoppel. The Court found that the plaintiff was attempting to relitigate issues and facts that were previously decided in a Delaware case. Background This…
Commercial Division Rejects Co-Owner's Petition for Judicial Corporate Dissolution Amidst Protracted Unwinding of a Bronx Family Business
New York Business Corporation Law (“BCL”) sections 1104[1] and 1104-a[2] permit shareholders holding a certain percentage of shares[3] in a corporation to petition for judicial dissolution of that corporation. On March 8, 2023, Judge Fidel E. Gomez of the Commercial Division resoundingly rejected the petition of one such shareholder, Daniel Ilich, because…