- Posted: June 9, 2025 / Commercial Division Blog
Court Dismisses Contract Claim For Lack Of Jurisdiction Where Claim Lacked A “Nexus” To New York Despite The Defendant Contracting To Supply PPE To New York City
On May 14, 2025, Justice Joel M. Cohen granted a motion to dismiss an action brought by a plaintiff who contracted to assist the defendant company with securing PPE manufactured in China that was later resold to New York City. In David Zeng v. HH Fairchild Holdings, LLC, et al., Index No. 651864/2024, the plaintiff sued for breach of contract, but the Court ruled that it lacked long-arm jurisdiction over the defendant, despite the defendant’s sale of PPE to New York City, because that sale lacked a sufficient nexus with the plaintiff’s cause of action. The Court explained: Read More
- Posted: June 6, 2025 / Commercial Division Blog
Orders Of Contempt Entered Against Spouse of Judgment Debtor And Her LLC For Failure To Provide Post-Judgment Discovery Concerning Transfer By Judgment Debtor
On March 27, 2025, Justice Melissa A. Crane held two non-parties in contempt of court based on their failure to respond to discovery demands concerning a real property transfer. The case is TH Holdco LLC v. Rubin, Index No. 650955/2023. Read More
- Posted: June 4, 2025 / Commercial Division Blog
Summary Judgment Granted To Plaintiffs Against Borrowers, Denied As To Peripheral Defendants
On April 26, 2025, Justice Andrea Masley granted summary judgment to plaintiff banks on claims against certain borrowers, and denied relief as to peripheral defendants against whom no claims were asserted. The case is Shanghai Commercial Bank Ltd. v. New Tent, LLC, Index No. 850240/2024. Read More
- Posted: June 2, 2025 / Commercial Division Blog
Summary Judgment Granted Under CPLR 3212 And 3213, Under Guaranties Of Debts Established By Foreign Judgment
On April 30, 2025, Justice Joel M. Cohen granted summary judgment under CPLR 3212 and 3213 (instrument for the payment of money only), compelling payment under guaranties for a debt of non-party HYLA UK Holdco Limited (“HYLA UK”). The case is White Matter Holding Limited v. Abubaker, Index No. 653658/2023. Read More
- Posted: May 30, 2025 / Commercial Division Blog
Fraud Claim Dismissed, and Plaintiffs Sanctioned, When Contemporaneous Communications Showed Plaintiffs Did Not Rely on Alleged Misrepresentation
On April 25, 2025, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media LLC, Index No. 654067/2019, granting summary judgment dismissing plaintiffs' fraud claim and awarding attorneys' fees and costs against plaintiffs, because plaintiffs' own contemporaneous communications showed that they did not rely on defendants' alleged misrepresentation, holding: Read More
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