CPLR

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In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel New York branches of non-US banks to disclose information relating to accounts or assets held by branches outside of the United States. It also demonstrates that obtaining such information through judgment enforcement procedures can prove difficult.
Continue Reading Judgment Creditors Beware: Moving For Contempt May Be Within Reach, But Difficult To Grasp

Mac Parent LLC v. North American Elite Insurance Company, Index No. 906489/2020, Supreme Court, Albany County

On March 29, 2021, Justice Richard J. Platkin, of the Albany County Commercial Division, dismissed an insurance coverage dispute pursuant to CPLR § 3211(a)(4) due to another action that was pending in New York County, making clear that New York courts do not tolerate forum-shopping in the face of clear forum selection clauses.  Mac Parent LLC v. North American Elite Insurance Company, 2021 NY Slip Op 50268(U) (Sup. Ct. Albany Cnty 2021).
Continue Reading Albany Commercial Division Looks Beyond “First-In-Time” Analysis When Considering Dismissal Pursuant to CPLR § 3211(a)(4)

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR 302, in granting a motion to dismiss for lack of personal jurisdiction where the contract at issue was negotiated via emails between Ohio and Connecticut and no business was performed in New York.  The plaintiff argued that the Court had jurisdiction over defendant pursuant to CPLR 302(a)(1), which provides, in pertinent part, that a party will be subject to the jurisdiction of New York courts if it is a non-domiciliary who transacts business within New York or contracts anywhere to supply goods or services in New York.  The plaintiff alleged that because the defendant’s subcontractor performed certain work in New York, the defendant was subject to jurisdiction under CPLR 302(a)(1).  In rejecting this argument, the Suffolk County Commercial Division follows a familiar line of U.S. Supreme Court jurisprudence limiting a court’s jurisdictional reach where the defendant has no connection to the forum state.
Continue Reading Commercial Division Limits the Reach of New York’s Long-Arm Statute