- Posted: January 12, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, John Moore, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneMotion For Default Judgment And Cross Motion To Dismiss Complaint As Abandoned Or For Failure Of Timely Service Denied
On November 18, 2025, Justice Joel M. Cohen denied both a plaintiff’s motion for default judgment and defendant’s cross-motion which sought to dismiss the complaint as abandoned or untimely. The case is B. Riley Retail Solutions, LLC v. CA Global Partners Ltd., Index No. 651626/2024. Read More
- Posted: January 2, 2026 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerAncient Document Exception To Hearsay Rule Applied
On November 24 2025, Justice Joel M. Cohen found that the ancient document exception applied and defeated defendants’ hearsay objection to the document at issue in Greason v. Nahmad, Index No. 650646/2014. The Court explained: Read More
- Posted: December 31, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants Sanctions For Failure To Respond to Discovery Requests But Denies Motion To Strike Defendants’ Answer
On November 18, 2025, in McWilliams v. Empire Agricultural Systems, LLC, Index No. 655727/2023, Justice Joel M. Cohen granted plaintiffs’ motion for an order awarding plaintiffs fees and costs for bringing certain discovery-related motions, but declined to strike Defendants’ answer. The Court explained: Read More
- Posted: December 29, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerFailure Of Plaintiffs To Appear At Conference Results In Dismissal
On November 11, 2025, in Penske v. National Holding Corp., Index No. 655002/2022, Justice Andrea Masley dismissed plaintiffs’ complaint due to their failure to appear at a conference. The court had granted the motion by plaintiffs’ prior counsel to be relieved in August. The Court set a conference for August 26, 2025, to confirm that the corporate plaintiff had retained counsel and whether the individual plaintiff would represent himself. The Court explained: Read More
- Posted: December 22, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants LLC Member’s Request For Appointment Of Receiver And Accounting To Investigate Alleged Improper Use Of LLC Funds
On November 10, 2025, Justice Andrew Borrok granted a request for a court-appointed receiver and for an accounting of all income and expenses of a LLC to investigate alleged improper uses of the LLC’s assets. In 176 West 87th Leasehold LLC, et al., v. Mark S. Rudd, et al., Index No. 653491/2025, the LLC in question had three individual members who jointly managed the LLC. After one of the members passed away, an estate executor took over representation of his interest in the LLC. The estate executor allegedly discovered that the other two members had been improperly using the LLC’s assets to pay for their families’ health insurance and had made a $150,000 payment without the consent of the deceased member. Because relations between the members had broken down, the executor brought a petition to dissolve the LLC and sought appointment of a receiver and an accounting. The Court granted those requests, explaining: Read More
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