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· 4/6/2022

Matter of Clarke v. Veolia Transp. Servs., Inc.

Citations

  • 163 N.Y.S.3d 836
  • 204 A.D.3d 666
  • 2022 NY Slip Op 02262

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that trustee’s motion for relief from judgment or order failed to raise any issues not already addressed by its motion to amend
  • holding trustee’s six-month delay in seeking to amend its answer after its unilateral set-off of the funds constituted undue delay
  • “allowing summary judgment because “[n]o commercial relationship ever existed between the parties; their only contact occurred in the context of this litigation” ”
  • denying motion to amend trustee answer where trustee neither possessed nor controlled the funds indicated in its initial answer because of undue prejudice
  • applying issue preclusion to later-fled case despite fact that clerk did not make docket entry required by Mass.R.Civ.P. 79(a)
  • dismissing 93A claim where no commercial relationship ever existed between the plaintiff and a bank which was brought into suit under trustee process

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.