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- Complaint Relating To Bankrupt Non-Party Dismissed For Failure To State A Claim On April 22, 2026, Justice Andrea Masley of the New York County Commercial Division identified various pleading deficiencies in granting defendants’ motion to dismiss a complaint seeking monetary and injunctive relief for misconduct alleged to have led to the bankruptcy of a non-party. The case is Mayer v. Goldner, Index No. 659341/2025.
- Contractual Attorneys’ Fees Reduced For Block Billing, Apparent Inefficiencies On April 10, 2026, Justice Melissa A. Crane of the New York County Commercial Division resolved a fee application made by plaintiff further to the Court’s award of contractual attorneys’ fees. The case is Coney Island Auto Holdings Corp. v. Parts Authority, LLC, Index No. 656816/2022.
- Sanctions Granted Defendant For Plaintiff’s Maintenance Of Frivolous Claims On June 3, 2026 , Justice Robert R. Reed of the New York County Commercial Division granted a defendant’s motion for its fees and costs in defending an action that had been dismissed by the Appellate Division, First Department. The case is Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., Index No. 651176/2017.
- Court Snuffs Out Deceptive Advertising Claims Over “Smokehouse” Almonds On July 10, 2026, in O’Connor v. Blue Diamond Growers, Index No. 160511/2025, Justice Andrea Masley of the New York County Commercial Division granted defendant’s motion to dismiss plaintiff’s complaint.
- Policyholder’s Claims Against Policy Administrator To Recover Demutualization Proceeds Survive Motion To Dismiss On July 10, 2026, in Kim v. Radiology Associates of Main Street, P.C., Index No. 715347/2025, Justice Marguerite A. Grays of the Queens County Commercial Division denied defendant’s pre-answer motion to dismiss.
- Schlam Stone Partner Brad Simon Appears On July 20 WNBC News Segment Addressing Mayor Mamdani’s Threat To Arrest Benjamin Netanyahu
- Court Holds Earnout Amount Cannot Be Negative Based On Extrinsic Evidence Of Contractual Intent, So Sellers Owed No Payment On July 2, 2026, in Tromer v. PEAK6 Insurtech Holdings LLC, Index No. 653530/2023, Justice Andrew Borrok of the New York County Commercial Division granted plaintiff’s renewed motion for partial summary judgment, holding that the “Earnout Amount” under the parties’ Unit Purchase Agreement could not be a negative number and that the plaintiff therefore did not owe the defendant any negative earnout. The agreement provided that “in no event shall the Earnout Amount be less than zero dollars,” but the defendant counterclaimed that two components later added to the formula could drive the Earnout Amount below zero, entitling it to a payment from the sellers. In a prior order, the Court had denied summary judgment to both sides and permitted limited discovery of the transaction counsel who drafted the agreement as to the clause's meaning.
- Court Precludes Defendant From Using Documents It Failed To Produce During Discovery But Declines To Strike Affirmative Defense Or Impose Adverse Inference On April 28, 2026, in Sasson v. Bridger Consulting Group, Inc., Index No. 654872/2024, Justice Melissa A. Crane granted in part and denied in part plaintiff's motion for a preclusion order and an adverse inference.
- Court Confirms JHO Report Recommending Protective Order, Rejecting Argument That Referee Exceeded Scope of Reference On May 11, 2026, in Morgan v. St Mark's World Acquisition LLC, Index No. 651186/2021, Justice Andrea Masley denied plaintiff's motion to reject a Judicial Hearing Officer's report and recommendation and confirmed the report in its entirety.
- Schlam Stone & Dolan Partner Joshua Wurtzel Discusses the Difference Between Above-the-Line and Below-the-Line Recourse Liability in Nonrecourse Financing
- Court Grants Summary Judgment Dismissing Counterclaims Where Extrinsic Evidence Confirmed Earnout Could Not Fall Below Zero On July 2, 2026, in Tromer v. PEAK6 Insurtech Holdings LLC, Index No. 653530/2023, Justice Andrew Borrok granted plaintiff's renewed motion for partial summary judgment dismissing two of defendant's counterclaims.
- Court Denies Leave To Amend To Add RICO Claims, Finding Allegations Of Fraud And Breach Of Contract Cannot Be Recast As Racketeering On May 11, 2026, in Jennie Enterprise, et al., v. Michael Shvo, et al., Index No. 653221/2024, Justice Andrea Masley denied plaintiffs’ motion for leave to file a second amended complaint adding causes of action for civil RICO violations, RICO conspiracy, fraudulent inducement, aiding and abetting fraudulent inducement, and breach of contract.
- Recent Case Law Update: Indictment Dismissal, Remand, and Banking Fraud In United States v. Moore, 25 CR 7 (EDNY, May 13, 2026), Judge Vitaliano granted defendant’s motion to dismiss the portion of the indictment subjecting him to a potentially enhanced sentence under the Armed Career Criminal Act (ACCA) after determining that Hobbs Act robbery was not a violent felony within the meaning of ACCA.
- Court Grants Reargument And Vacates Foreclosure Order, Holding That Deed In Lieu Of Foreclosure Must Be Treated As A Mortgage Under Real Property Law § 320 On June 13, 2026, in Shanghai Commercial Bank Ltd., et al., v. New Tent, LLC, et al., Index No. 850240/2024, Justice Andrea Masley granted defendants’ motion for reargument, vacated the court’s prior summary judgment order, and ruled that the deed in lieu of foreclosure executed under the parties’ Forbearance Agreement must be treated as a mortgage under Real Property Law (“RPL”) § 320, requiring plaintiffs to proceed by foreclosure and sale.
- Court Holds That Bank’s Threats To Withhold Funding And Commence Foreclosure Cannot Support Economic Duress To Invalidate Forbearance Agreement On May 21, 2026, in New Tent, LLC, et al, v. Shanghai Commercial Bank Ltd., et al., Index No. 659251/2024, Justice Andrea Masley granted banks’ motions to dismiss claims that their threats to withhold funding and commence foreclosure created economic duress that should invalidate a forbearance agreement.
- Civil Contempt For Spouse Who Failed To Comply With Post-Judgment Subpoena On May 11, 2026, Justice Andrew Borrok of the New York County Commercial Division granted a motion to hold the wife of a judgment debtor in contempt. The case is Hamway v. Sutton, Index No. 164541/2025.
- Alternate Service Allowed Upon Foreign Corporation On May 9, 2026, Justice Andrea Masley of the New York County Commercial Division granted a motion for leave to effect alternate service under the Foreign Sovereign Immunities Act (“FSIA”, 28 U.S.C. §1608(b)(3)(C)). The case is Phillips Petroleum Company Venezuela Limited v. Petroleos De Venezuela, S.A., Index No. 659128/2025.
- Motions In Limine: Where Party Had Declined To Disclose Consultation With Counsel, Trial Testimony Precluded; Motions To Exclude Expert Witnesses Denied On April 27, 2026, Justice Melissa A. Crane of the New York County Commercial Division decided a series of pre-trial motions in limine that had been argued on March 11, 2026. The case is Life Insurance Fund Elite, LLC v. Hamburg Commercial Bank AG, Index No. 153100/2023.
- Court Grants Leave To Implead Under Pre-2026 Version Of CPLR 1007 Because Action Was Commenced Before Amendment Was Enacted On June 5, 2026, in LAM Group v. Anthony T. Rinaldi LLC, Index No. 650465/2022, Justice Robert R. Reed of the New York County Commercial Division granted a defendant leave to file a third-party complaint, holding that the 2026 amendment to CPLR 1007 did not govern the application.
- Court Grants Summary Judgment To Aviation Insurers Because War Perils Exclusion Bars Coverage For Aircraft Stranded In Russia On May 13, 2026, in Aircastle Ltd. v. Chubb European Group S.E., Index No. 654131/2022, Justice Joel M. Cohen granted defendants' motions for summary judgment.