- 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
- Posted: February 18, 2026 / Commercial Division Blog
Court Finds Faithless Servant Defense Precludes Executive From Recovering Equity Grants Under Warrant Agreement
On February 5, 2026, Justice Joel M. Cohen issued a decision after non-jury trial that found, among other things, that an executive’s “effective abandonment” of his responsibilities to the company breached an employment agreement and gave rise to an “independent faithless servant defense” that precluded him from recovering equity grants. In Thomas O’Connor, et al., v. Society Pass Incorporated, Index No. 656938/2019, the plaintiff entered into an employment agreement to serve as Chief Marketing Officer, a role that included responsibility for securing additional investments and clients for the company. After falling out with the company’s then-CEO, plaintiff took unauthorized, months-long vacations and disparaged the CEO to potential investors. Read More
- Posted: February 13, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneLimited Liability Company That Listed Unaffiliated Non-Party As Service Agent In Articles Of Organization Dissolved And Enjoined From Further Fraudulent Or Illegal Acts
On November 19, 2025, Justice Joel M. Cohen granted the New York Attorney General’s motion under Executive Law sec. 63(12) to dissolve a New York Limited Liability Company and enjoin it from continuing any fraudulent or illegal acts, including but not limited to maintaining fraudulent Articles of Organization. The case is People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York v. The Source Of Wisdom LLC, Index No. 452917/2025. Read More
- Posted: February 11, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelMotion To Dismiss Denied As To Contract Claim, Granted As To Quantum Meruit
On November 24, 2025, Justice Andrew Borrok sustained plaintiff’s claim for breach of contract, while dismissing its claim for quantum meruit as duplicative. The case is Torreya Partners LLC v. Sandoz Inc., Index No. 653040/2025. Read More
- Posted: February 9, 2026 / Commercial Division Blog
Preliminary Injunction Against Private Social Club Granted In Part, Denied In Part
On December 10, 2025, Justice Melissa A. Crane granted in part and denied in part a cooperative apartment’s motion for a preliminary injunction against certain activities of a private social club operated by defendant 451 Washington St. Leaseco LLC, d/b/a Maxwells Social (“Maxwell”). The case is Washington B.C. Studio Corp. v. 451 Washington St. Leaseco LLC, Index No. 659374/2025. Read More
- Posted: February 4, 2026 / Commercial Division Blog
Mezz Lender's Requirement That Bidders at U.C.C. Foreclosure Auction Be "Qualified Transferees" Not Commercially Unreasonable
On January 27, 2026, Justice Andrea Masley of the New York County Commercial Division issued a decision in WWP Mezz, LLC v. WWP Mezz Investment Co. LLC, Index No, 650135/2026, denying a mezz borrower's motion for a preliminary injunction enjoining a U.C.C. foreclosure sale of the mezz borrower's ownership interest in the fee owner of Worldwide Plaza. One of the arguments the borrower made was that the requirements to be a "Qualified Bidder" were too onerous, since those requirements--which came from the definition of "Qualified Transferee" in the intercreditor agreement entered into between the mortgage and mezz lenders--were agreed upon when the underlying property was worth much more than it was at the time of the foreclosure. But Justice Masley rejected this argument, explaining: Read More
- Posted: January 30, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Thomas A. Kissane, Channing J. Turner, Samuel L. ButtPerformance Bond Is Null And Void Because Obligee’s Action Deprived Surety Of Ability To Protect Itself
On December 27, 2025, Justice Andrea Masley granted the Sureties’ motion for summary judgment dismissing the counterclaim and third-party claim for breach of a performance bond in Pizzarotti, LLC v. FPG Maiden Lane, LLC, Index No. 651679/2019. The Court explained: Read More
- Posted: January 28, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneForbearance Agreement Did Not Transform Guaranty Into An Instrument Outside The Scope Of CPLR 3213
On December 23, 2025, in Truist Equipment Finance Corp. v. Tebele, Index No. 653557/2025, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint. Defendant argued that the Guaranty at issue was not an instrument for payment of money only because plaintiff and defendant entered into a forbearance agreement. The Court rejected this argument, explaining: Read More
- Posted: January 26, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneCourt Denies Motion To Disqualify Counsel
On November 24, 2025, in Bapaz NYC W. 46 St Group LLC v. Assa Props, Inc., Index No. 652456/2018, Justice Andrew Borrok denied defendants’ motion to disqualify plaintiff’s attorney. The Court explained: Read More
- Posted: January 16, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtApplication To Enjoin Arbitration Denied, 30 Day Stay Granted
On October 6, 2025, Justice Andrea Masley denied a preliminary injunction sought by plaintiff Nigel John Eccles, who sought to prevent defendants from proceeding with an arbitration they had commenced against him. The case is Eccles v. Shamrock Capital Advisors, LLC, Index No. 651223/2020 Read More
- Posted: January 14, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneSummary Judgment Granted Where Defendant Failed To Raise Triable Issues Regarding Its Obligation Under Promissory Notes
On November 21, 2025, Justice Andrew Borrok granted a plaintiff lender summary judgment, finding that defendant failed to raise any triable issue concerning its obligations under certain promissory notes. The case is Mendon Ventures Banktech Fund I LP v. Equitus Corporation, Index No. 654629/2024. Read More
- 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
- Posted: December 19, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneIn Action For Fiduciary Breach, Amounts Paid By Condominium To Non-Party In Settlement Of Action Where Breach Occurred Not Recoverable As Damages
On September 10, 2025, Justice Andrew Borrok denied a motion for summary judgment seeking to recover, as damages for breach of fiduciary duty, monies paid by a condominium and its insurer in settlement of a prior litigation that gave rise to plaintiffs’ fiduciary breach claim. The case is Gilbert v. Winston, Index No. 650374/2023. Read More
- Posted: December 17, 2025 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. ButtAllegations Of Coercion, Carve Out Of Claims Concerning Real Property, Do Not Warrant Denial of Motion For Summary Judgment In Lieu Of Complaint
On November 5, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint under CPLR 3213 upon a settlement agreement with confession of judgment plaintiff had entered into with defendant in a prior action. The case is D’Angelo v. Devito, Index No. 651007/2025. Read More
- Posted: December 15, 2025 / Commercial Division Blog
Written by: Joshua Wurtzel, Jeffrey M. Eilender, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneMotion To Dismiss Claims Asserting Breach Of Letter Agreement Denied
On November 3, 2025, Justice Joel M. Cohen denied a motion to dismiss claims alleging violation of a letter agreement that the parties had agreed to work toward modifying. The case is Weinberg v. Meridian Capital Group, LLC, Index No. 653283/2025. Read More
Load More
