Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

  • Posted: March 18, 2024 / Commercial Division Blog Court Quashes Subpoenas Seeking To Support Affirmative Defenses, Suggesting Defenses Were Too Conclusory To Support Third-Party Discovery
    On January 25, 2024, Justice Robert R. Reed granted a motion to quash several subpoenas seeking financial records from third parties as “utterly irrelevant to the action,” rejecting arguments that the requested records supported a defendant’s counterclaim and affirmative defenses. The decision in UKI Freedom LLC v. Organization for the Defense of Four Freedoms For Ukraine, et al., Index No. 158095/2022, noted that the defendant’s counterclaim had previously been dismissed and that the affirmative defenses relied upon by the defendant were too conclusory to support third-party discovery. The Court explained: Read More
  • Posted: March 15, 2024 / Commercial Division Blog Defendant Held in Civil Contempt and Fined for Violation of Preliminary Injunction Order
    On January 25, 2024, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Emigrant Bus. Credit Corp. v. Hanratty, Index No. 158207/2022, granting in part plaintiff’s motion insofar as it sought to hold one of the defendants in civil contempt for violating the court’s prior preliminary injunction order. The Court explained: Read More
  • Posted: March 13, 2024 / Commercial Division Blog Counterclaim for Breach of Covenant of Good Faith and Fair Dealing Dismissed as Duplicative
    On January 27, 2024, Justice Andrew Borrok of the New York County Commercial Division, issued a decision in Prosight Specialty Management Company v. Altruis Group, LLC, Index No. 653775/2023, granting plaintiff’s motion to dismiss the defendant’s counterclaims, including defendant’s counterclaim for breach of the implied covenant of good faith and fair dealing as duplicative of the defendant’s counterclaim for breach of contract. The Court explained: Read More
  • Posted: March 11, 2024 / Commercial Division Blog Court Confirms Special Referee Decision
    On January 23, 2024, Justice Margaret A. Chan of the New York County Commercial Division, issued a decision in Wells Fargo Bank, National Association v. 555 Retail Owner LLC, Index No. 850277/2021, granting the plaintiff’s unopposed motion to confirm the Report and Recommendation issued by the Special Referee calculating the damages and interest owed on a defaulted mortgage and recommending that the mortgage premises be sold in a single parcel. The Court explained: Read More
  • Posted: March 8, 2024 / Commercial Division Blog Commercial Construction Dispute Kicked From Commercial Division
    On February 13, 2024, Administrative Justice Adam Silvera denied a letter application, in Island Exterior Fabricators LLC v. Tishman Construction Corp. of New York, Index No. 654788/2023, to transfer a commercial construction dispute to the Commercial Division, holding that the case did not belong in the Commercial Division, explaining: Read More
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