Lawrence S. Knipel
Judge Knipel no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Knipel decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In arbitration-scope disputes involving companion agreements, he reads a narrow arbitration clause's own limiting language literally rather than expanding it to cover a related but textually separate agreement, even where both agreements recite that together they form 'the entire understanding' of the parties.
“The Stock Option Agreement, executed separately, relates to Menachem's right to purchase a set amount of shares and provides the mechanism for setting the purchase price. A conflict regarding Menachem's right to purchase a specified amount of shares and the valuation of the shares is not a conflict arising from the terms of the Shareholders' Agreement”
On shareholder-dissolution petitions joined with derivative claims, he will not force a plaintiff to choose between the two remedies or convert the case to a plenary action, holding the claims 'inextricably intertwined' where the fair-value determination in the dissolution proceeding could be affected by the outcome of the non-dissolution claims.
“since the resolution of the non-dissolution claims may affect the 'fair value' to be determined in valuing Piazza's shares ... such non-dissolution claims, and valuation proceeding are 'inextricably intertwined,' and are appropriately ordered to proceed in tandem before the same court”
He treats a forgery-based deed challenge as categorically exempt from the ordinary fraud statute of limitations, following the Court of Appeals' distinction between a void forged deed and a merely voidable fraudulently-induced one, even where the underlying facts suggest a family conspiracy rather than a stranger's forgery.
“Shirlea's allegations fall within the scope of activities condemned by the Court of Appeals in Faison, precluding the defendant from invoking any statute of limitations defense.”
Procedural preferences
He requires a referee to actually hold a hearing on a disputed amount-due computation when a court's own order of reference specifically directs one, and will reject a referee's report and remit for a proper hearing rather than resolve the dispute himself in the first instance.
“the referee erred in computing the amount due plaintiff without holding a hearing in accordance with CPLR 4313. In addition, the referee issued the Referee Report without considering defendants' October 14, 2020 objections”
He will excuse a short, non-willful delay in answering a complaint and compel a plaintiff to accept a late answer rather than grant a default judgment, so long as the defendant shows no real prejudice and at least an arguable meritorious defense.
“where there was only a fourteen-day delay in answering the amended complaint and there is no discernable prejudice to Old Republic, defendants' cross motion to compel Old Republic to accept their answer ... is warranted”
He enforces strict compliance with subpoena-service formalities even against a sophisticated business-records custodian, quashing a subpoena where a required follow-up mailing to the actual witness was omitted, notwithstanding that the witness's business partner was validly served.
“Service of the subpoena on Lipstein to compel pretrial testimony and document production from Wasser is insufficient because no additional mailing to Wasser under CPLR 308 (2) was effectuated.”
Once an action has been terminated by an unconditional stipulation of discontinuance, he treats the court as wholly divested of jurisdiction over anything still pending in that file, regardless of how many motions remain undecided, and will not entertain even a motion to vacate the discontinuance itself.
“Because the court is divested of jurisdiction by reason of the discontinuance, it may not even entertain a motion to vacate the stipulation of discontinuance and restore the action; the movant must instead commence a new plenary action.”
Cautions
He will vacate a default judgment in the interest of substantial justice on his own initiative even where the defaulting party cannot show a conventional reasonable excuse, when the underlying judgment appears inflated or built on a document of doubtful authenticity.
“the principal sum of the default judgment of $191,543.14 is three times more than ... the total invoiced amount ... The questioned validity of the bill of sale, coupled with the plaintiff's apparent overstatement of the amount due ... is the type of circumstance warranting vacatur of the default judgment in the interests of justice”
He requires strict, admissible proof of a borrower's default before granting summary judgment in a foreclosure action, rejecting a loan officer's affidavit relying on unproduced business records -- including records the plaintiff merely inherited from a predecessor lender without establishing a foundation for reliance on them.
“Dweck's affidavit testimony regarding the borrowers' default based on his review of unidentified business records is inadmissible because BK failed to produce the business records upon which Dweck's knowledge is based.”
He will halt an entire action, not just the pending motions, once even unsworn representations raise a jurisdictional question under CPLR 1015(a) (death of a party), pending sworn proof, rather than risk deciding motions the court may lack jurisdiction to determine.
“The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made ... Moreover, any determination rendered without such substitution will generally be deemed a nullity.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Gioia and KCWC's motion is granted to the extent that Piazza's third, fifth, seventh, and ninth causes of action are dismissed, as well as his claim for punitive damages, and Gioia and KCWC's motion is otherwise denied.”
“JDG and Veneer's motion is denied in its entirety.”
“Here, Guindi asserts claims for alleged wrongs to him individually and to the corporation, thus impermissibly mixing personal and derivative claims. ... Accordingly, the motion to dismiss is granted, and the complaint is dismissed.”
“the surety's motion to dismiss is granted to the extent that the plaintiff's complaint is dismissed without costs and disbursements under CPLR 3211 (a) (1) as barred by documentary evidence, and the remainder of its motion is denied as academic”
“the joint motion of the defendants Crew and Ahmed for an order, pursuant to CPLR 5015 (a) (3), vacating the default judgment and further vacating their default in answering the complaint in this action is granted”
“Considering that Crew and Ahmed have not joined issue, the Court may not entertain the plaintiff's cross motion for summary judgment as against them, and the same is denied as premature.”
“the branch of the joint cross motion of the defendants ABCD and Westchester for an order, pursuant to CPLR 3212, granting them summary judgment dismissing the plaintiff's complaint as against them and discharging the plaintiff's mechanic's lien is granted to the extent that (1) the plaintiff's third cause of action ... on the discharge of lien bond, (2) the plaintiff's fifth cause of action ... for unjust enrichment, and (3) the plaintiff's sixth cause of action ... for conversion are each dismissed, and the remainder of this branch ... is denied with respect to plaintiff's fourth cause of action ... on the payment bond”
“the plaintiff's cross motion, for an order, pursuant to CPLR 3212 and State Finance Law Section 137 (3), for summary judgment on its fourth cause of action against ABCD and Westchester for recovery on the payment bond is denied”
“Menachem's motion to stay arbitration and for a preliminary conference is granted.”
“Defendants' cross motion to compel arbitration and stay the litigation of the fifth through tenth causes of action is denied.”
“it is the finding of this court that because the instant action was discontinued by stipulation of discontinuance signed by counsel for all parties and filed on March 17, 2016, the court is without jurisdiction to determine the motions presently before it (Motion Sequences Nos. 7-11). ... Accordingly, all motions are denied.”
“the defendant's preanswer motion to dismiss ... is denied”
“defendants are not entitled to discovery of plaintiff's tax returns and the W-9 forms ... Defendants have failed to demonstrate the existence of special circumstances warranting disclosure of plaintiff's tax returns and the W-9 forms.”
“both mot. seqs. three and four are held in abeyance pending receipt of these supplementary documents ... all proceedings herein are stayed to receive the needed information and until a decision whether CPLR 1015 (a) and related provisions are applicable.”
“Saul Wolf is hereby compelled to produce ... all documents regarding the 2017 sale of his ownership interest in Carter Industries ...; Carter Industries is hereby compelled to produce ... all documents regarding the negotiations and due diligence conducted in connection with the 2017 sale ...; Carter Enterprises and Chaim Wolf are hereby compelled to produce ... all documents required by the Discovery Order”
“Carter Industries' cross motion is only granted to the extent that Azrak is compelled to submit all previously produced, redacted documents to the court for an in camera inspection, as previously directed in the Discovery Order.”
“plaintiffs' motion (in mot. seq. four) to confirm the Referee Report and for other relief is denied”
“defendants' cross motion (in mot. seq. five) is granted only to the extent that the Referee Report is rejected; ... the matter is remitted back to the referee for a hearing (via Zoom) on notice to defendants regarding the amount due and owing”
“BK's motion (in mot. seq. two) is only granted to the extent that the caption is amended to delete the John Doe defendants, and the motion is otherwise denied with leave to renew.”
A historical record
Judge Knipel no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.