In a Decision and Order, dated January 10, 2023, in Q3 Inv. Recovery Veh. LLC v. McEvoy, Index No. 657090/2020, Justice Andrea Masley granted Signature Bank’s motion to dismiss the amended complaint against it. Plaintiff had alleged that Signature was negligent and grossly negligent for permitting investor funds deposited into an account at Signature to be fraudulently transferred out of the account rather than invested in a cryptocurrency exchange. Noting that under New York law banks do not usually owe non-customers a duty to protect them from the intentional torts of their customers, the Court noted there was an exception for trust accounts or fiduciary accounts. The Court explained: Read More

On January 20, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in American Challenger Development Corp. v. Credit Suisse AG, Cayman Islands Branch, 2023 NY Slip Op 30219(U), holding that a "Termination Notice" was not "documentary evidence" under C.P.L.R. 3211(a)(1) because its contents were not "essentially undeniable," explaining: Read More

On December 23, 2021, Justice Margaret Chan of the New York County Commercial Division issued a decision in BSP Agency LLC v. Katzoff, 2021 NYLJ LEXIS 1310, granting the plaintiff's motion for summary judgment in lieu of complaint on a guaranty, and rejecting the defendant's argument that summary judgment in lieu of complaint was unavailable because the court had to look to the underlying loan agreement to determine liability, holding: Read More

On January 5, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in SL Globetrotter, L.P. v. Suvretta Capital Mgmt., LLC, 2022 N.Y. Slip Op. 30076(U), denying a plaintiff's motion for summary judgment on liability and rejecting the plaintiff's argument that the court's decision denying defendants' motion to dismiss entitled plaintiff to summary judgment, explaining: Read More

On June 28, 2021, Justice Livote of the Queens County Commercial Division issued a decision in Matte… Read More

On May 20, 2021, the First Department issued a decision in Roam Capital, Inc. v. Asia Alternatives M… Read More

On August 19, 2020, the Second Department issued a decision in Katz v. Hampton Hills Assoc. Gen. Par… Read More

On February 4, 2020, Justice Cohen of the New York County Commercial Division issued a decision in F… Read More

On December 18, 2019, the Second Department issued a decision in S & J Serv. Ctr., Inc. v. Comme… Read More

On October 15, 2019, Justice Borrok of the New York County Commercial Division issued a decision iss… Read More

On October 1, 2019, the First Department issued a decision in Tanner v. Stack, 2019 NY Slip Op. 0703… Read More

On September 18, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More

On August 22, 2019, the Fourth Department issued a decision in Paramax Corp. v. VoIP Supply, LLC, 20… Read More

On June 26, 2019, the Second Department issued a decision in Magee-Boyle v. Reliastar Life Ins. Co. … Read More

On June 7, 2019, Justice Cohen of the New York County Commercial Division issued a decision in Arent… Read More

On May 8, 2019, the Second Department issued a decision in U.S. Bank N.A. v. Roque, 2019 NY Slip Op… Read More

On May 2, 2019, the First Department issued a decision in Levine v Singal, 2019 NY Slip Op. 03438, … Read More

On April 10, 2019, the Second Department issued a decision in Marinello v. Marinello, 2019 NY Slip … Read More

On February 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in P… Read More

On September 17, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More