- Posted: April 17, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Channing J. Turner, Thomas A. Kissane, Joshua WurtzelCourt Denies Foreign Individuals’ Request To Appear At Contempt Hearing Virtually, Requiring In-Person Attendance
On March 5, 2026, Justice Andrea Masley denied permission sought by two individuals located in Panama to appear virtually for a hearing on a motion seeking to hold them in contempt. In Glencore Ltd. v. Kamca Trading S.A., et al., Index No. 651244/2025, the Court had entered a temporary restraining order (TRO) and preliminary injunction enjoining the defendant companies from pursuing claims in a Panama lawsuit. The Court later granted a motion by the plaintiff holding those companies in contempt for failing to abide by the injunctions, and the Court directed agents of the companies to appear in-person for a hearing on violations of the Court’s orders. The Court denied a motion by the agents (the Kahns) to appear remotely, explaining: Read More
- Posted: April 15, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelCourt Compels Party And Its E-Discovery Vendor To Return Hard Drive With Confidential Information Mistakenly Produced To Them In Discovery
On March 5, 2026, Justice Andrew Borrok granted a defendant’s motion for an order compelling the plaintiff to return a hard drive that contained a forensic image of a laptop with confidential information that was inadvertently produced during discovery. In Jesus Nunez-Unda v. Thibault Adrien, et al., Index No. 650971/2022, the defendant had turned over a forensic image of a laptop reflecting data at the time the plaintiff had ended his employment. However, this image also included confidential information that should have been withheld. The defendant moved for relief, which the Court granted. It explained: Read More
- Posted: April 13, 2026 / Commercial Division Blog
Written by: Channing J. Turner, Joshua Wurtzel, Samuel L. Butt, Thomas A. KissaneCourt Vacates Landlord’s Notice Of Default On Lease Due To Incorrect Rent Commencement Date Identified In The Notice
On March 3, 2026, Justice Joel Cohen granted summary judgment, in part, against a commercial landlord and vacated the landlord’s notice of default to its tenant on the basis that the notice had incorrectly identified the rent commencement date. In JTRE 23 WS (Del) LLC v. CS Wall Street LLC, Index No. 654992/2021, a landlord moved for partial summary judgment and requested that a Yellowstone injunction granted to its tenant be vacated, while the tenant cross-moved. The landlord had issued a notice of default against its tenant due to, among other things, failure to pay rent beginning from a contractual rent commencement date. The tenant argued that, under the lease, the rent commencement date occurred thirty days after disbursement of certain downpayment funds, and the landlord had misidentified that date. Although there were many other disputes between the parties, some of which remained live, the Court found in favor of the tenant on this issue, explaining: Read More
- Posted: April 10, 2026 / Commercial Division Blog
Reargument Denied But Additional Time To Submit Appraisal Granted
On March 3, 2026, Justice Andrea Masley generally denied defendants’ motion to reargue a prior grant of summary judgment, but granted them a final extension to file an appraisal challenging the amount awarded plaintiff. The case is MF1 2022-FL9 LLC v. Haikins, Index No. 654647/2023. Read More
- Posted: April 6, 2026 / Commercial Division Blog
Preliminary Injunction Enforcing Restrictive Covenants Granted
On March 2, 2026, Justice Andrew Borrok granted a preliminary injunction enforcing non-compete and non-solicitation restrictive covenants in plaintiff’s operating agreement against a member, Shravan Reddy, and his co-defendant company, AplihsMD. The case is Excelusmle Review LLC v. Reddy, Shravan, Index No. 654449/2025. Read More
- Posted: April 3, 2026 / Commercial Division Blog
While Covenant Claim May Not Be Duplicative of Contract Claim, Damages For Breach of Covenant May Not Be "Intrinsically Tied" to Contract
On March 6, 2026, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Warlock Partners, LLC v. The Arena Group Holdings, Inc., et al., Index No. 6553222/2023, denying defendant issuer's motion for summary judgment to dismiss plaintiff stockholder's claim for breach of the covenant of good faith and fair dealing based on defendant's failure to cooperate in plaintiff's efforts to remove the restricted legend from its common shares, but rejecting plaintiff's argument that it could obtain contractual damages on its covenant claim, explaining: Read More
- Posted: April 1, 2026 / Commercial Division Blog
Summary Judgment Granted on Account Stated Claim Because There Was No Dispute That Defendant Received Invoices
On March 9, 2026, Justice Andrew Borrok of the New York County Commercial Division issued a decision in DataArt Solutions, Inc. v. Exos Financial LLC, Index No. 652640, granting summary judgment on plaintiff's account stated claim when there was no dispute that defendant received plaintiff's invoices, explaining: Read More
- Posted: March 27, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Channing J. Turner, Thomas A. Kissane, Joshua WurtzelCourt Grants Motion To Compel And Suggests Striking of Pleadings Would Be Appropriate If Order Is Not Complied With
On March 2, 2026, in Haruvi v. Hungerford, Index. No. 651033/2022, Justice Andrew Borrok granted plaintiff’s motion to compel production of documents based on defendant’s improper withholding of documents as privileged without basis to do so. The Court explained: Read More
- Posted: March 25, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneCourt Denies Motion In Limine To Preclude Testimony From Spouse
On March 2, 2026, in Idi v. Sela, Index No. 651527/2022, Justice Andrew Borrok denied defendant’s motion in limine to preclude his wife from testifying. The Court explained: Read More
- Posted: March 23, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelCourt Dismisses Fraud Claim Based On Impermissible Group Pleading
On February 24, 2026, in A Participations Ltd. v. Velissaris, Index No. 652720/2023, Justice Melissa A. Crane found plaintiffs’ fraud/fraudulent inducement claim lacking in several respects and dismissed it. With respect to impermissible group pleading, the Court explained: Read More
- Posted: March 20, 2026 / Commercial Division Blog
Court Denies Temporary Restraining Order As Overbroad And Inconsistent With The Non-Compete And Non-Solicitation Agreement At Issue
On December 17, 2025, Justice Andrew Borrok denied a motion for temporary restraining order and preliminary injunction, which would have restricted defendants from engaging in conduct that allegedly competed with the plaintiff’s business, because the relief sought was much broader than the restrictive covenants in the agreement underlying the case. In Clear Street LLC, et al., v. Hidden Road Partners LP, et al., Index No. 65635/2025, the Court noted that the parties had only bargained for certain non-compete and non-solicitation restrictions during limited periods of time. An injunction that remained in place during the whole pendency of the action would contradict these limitations. Moreover, the Court found that the restrictive covenants in the agreement were with a different company than the company that the movants now sought to protect. It explained: Read More
- Posted: March 18, 2026 / Commercial Division Blog
Court Rejects Ratification And Estoppel Defenses Based On No-Waiver Provision In Agreement
On January 13, 2026, Justice Andrea Masley denied summary judgment to defendants asserting ratification and estoppel defenses against claims for breach of contract in connection with collateralized debt obligations (CDOs) based on a broad no-waiver provision in an agreement. In CWCapital Cobalt VR Ltd. v. CWCapital Investments LLC, et al., Index No. 653277/2018, the issuer plaintiff asserted claims for breach of contract, among others, against the manager and servicer of the CDOs. In response, the defendants sought to dismiss the case based on the fact that they had managed the CDOs the same way for a decade before the action without complaint from the plaintiff and that an officer of the plaintiff had certified annually that no defaults were found. The Court rejected these facts as a basis for ratification and estoppel. It explained: Read More
- Posted: March 16, 2026 / Commercial Division Blog
Court Declines To Find Disclosure Of A “Clients/Prospects” List Is An Automatic Breach Of Confidentiality Agreement Between Company And Its Ex-President
On January 9, 2026, Justice Andrea Masley denied a motion brought by a company against its former president seeking summary judgment for breach of an employment agreement that contained confidentiality clauses despite evidence that the ex-president had passed lists of accounts and “clients/prospects” to potential new employers. In Frosch International Travel, Inc. v. Michel Botbol, Index No. 653071, the Court acknowledged several e-mails in which the ex-president passed lists of accounts and clients to two potential employers, and it noted that the lists did appear to contain at least some of the company’s customers. However, the Court found that questions of material fact still existed as to whether the information in the lists was truly confidential company information. It explained: Read More
- Posted: March 13, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneAffidavit From Employee Of Sister Company With Personal Knowledge Sufficient To Show Damages At Inquest
On December 28, 2025, Justice Melissa A. Crane granted plaintiff $45,906,293.43 in damages and $188,471.06 in fees and costs following an inquest. The case is Deutsche Bank AG, v. Rosenfeld, Index No. 659459/2024. Read More
- Posted: March 11, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneBroader Loan Agreement And Assignment Do Not Preclude Summary Judgment In Lieu Of Complaint
On January 5, 2026, Justice Joel M. Cohen granted summary judgment in lieu of complaint under CPLR 3213. The case is TSLA Capitals, S.A.P.I. De C.V. v. ATL Funds, LLC, Index No. 654262/2025. Read More
- Posted: March 9, 2026 / Commercial Division Blog
Written by: Thomas A. Kissane, Joshua Wurtzel, Channing J. Turner, Samuel L. ButtMotion To Disqualify Counsel Denied For Lack Of Standing And On Merits
On January 6, 2026, Justice Jennifer G. Schecter denied defendant’s motion to disqualify plaintiffs’ counsel. The case is 630 West 52nd LLC v. Fresh Inventory Services, LLC, Index No. 654862/2024. Read More
- Posted: February 27, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelCourt Grants Summary Judgment Finding That Plaintiff Is Member Of Foundation
On January 15, 2026, in Epstein v. Epstein Teicher Philanthropies, Index. No. 654417/2020, Justice Andrea Masley granted plaintiffs’ motion for summary judgment declaring that Vincent McGree is a member of the foundation at issue. The Court explained: Read More
- Posted: February 25, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtRICO Claim Dismissed
On January 5, 2026, in Bank of India, N.Y. Branch v. Anaya Gems, Inc., Index No. 655240/2018, Justice Andrea Masley dismissed plaintiffs’ RICO claims. The Court explained: Read More
- Posted: February 23, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneCourt Grants Motion To Amend To Allege Alter Ego Liability
On January 7, 2026, in ERI/SNL 2015 Holdings LLC v. SNL Development Group LLC, Index No. 653695/2023 Justice Andrea Masley granted plaintiffs’ motion to amend the complaint to assert alter ego claims against a defendant. The Court explained: Read More
- Posted: February 20, 2026 / Commercial Division Blog
Court Declines To Imply A Notice Requirement Before A Contract Could Be Terminated In The Implied Covenant Of Good Faith And Fair Dealing
On January 9, 2026, Justice Andrea Masley granted, in part, a motion for summary judgment seeking dismissal of claims for breach of an employment agreement and the implied covenant of good faith and fair dealing based on arguments that notice should have been given upon termination of the agreement. In Michel Botbol v. Frosch International Travel, Inc., et al., Index No. 652006/2020, the plaintiff sought damages for unpaid salary in accordance with an employment agreement, while the defendants argued that the agreement had been terminated in accordance with its terms and the plaintiff had then been fired. Although it found disputes of fact concerning the breach of contract claim, the Court granted summary judgment dismissing the plaintiff’s claim for breach of the implied covenant of good faith and fair dealing. The Court explained: Read More
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