- Posted: December 3, 2025 / Commercial Division Blog
Written by: Samuel L. Butt, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Jeffrey M. EilenderCourt Grants Motion For Contempt
On October 29, 2025, in 5 Beekman Property Owner v. Henick-Lane, Inc., Index No. 657290/2019, Justice Andrew Borrok granted defendant’s motion or contempt against plaintiffs based on plaintiffs’ refusal to return $850,000 mistakenly sent to plaintiffs that the Court had, on several occasions, ordered be returned to Henick-Lane. The Court explained: Read More
- Posted: December 1, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtPartners Deviated From Statutory Default Of Equal Ownership Based On Tax Returns And Other Evidence
On October 17, 2025, in Levine v. Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Index No. 652616/2021, Justice Jennifer G. Schecter, in a Decision After Trial, rejected defendants’ contention that plaintiff had only a 25% interest in the firm. Defendants relied on Partnership Law § 40(1)’s default rule that partners “share equally in the profits and surplus remaining after all liabilities” and that an unequal agreement on the division of income does not necessarily govern the partners’ percentage equity interests. The Court disagreed, concluding plaintiff’s interest was 40.362% explaining: Read More
- Posted: November 26, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtCourt Sanctions Attorney For “Conduct Intended To Harass” And “Prevent Defendants To Obtain Discovery” During Five Fact Depositions
On October 3, 2025, Justice Melissa A. Crane granted fee-shifting sanctions after a plaintiff’s attorney engaged in behavior during depositions that included repeated speaking objections and potential coaching of witnesses. In Guggenheim Securities, LLC, v. Falcon’s Beyond Global, LLC et al., Index No. 651585/2024, defendants’ counsel had asked the plaintiff’s counsel to stop making speaking objections, prompting the parties to speak to the Court on the phone. The Court instructed plaintiff’s counsel to stop; however, plaintiff’s counsel continued with speaking objections. After reviewing several egregious examples from the transcripts where counsel’s objections appeared to coach the witnesses, the Court granted defendants’ motion for sanctions. The Court explained: Read More
- Posted: November 24, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Dismisses Claim Seeking Unpaid “Transaction Fees” Where Plaintiffs Were Unregistered Real Estate Brokers
On October 3, 2025, Justice Melissa A. Crane granted in part defendants’ motion for summary judgment after concluding that, because plaintiffs had not registered as real estate brokers, they could not seek certain fees or commissions for their work on a real estate portfolio. In CSG Re Partners, LLC, et al., v. Ian Behar, et al., Index No. 653469/2025, a written memorandum of understanding (MOA) between several “investors” governed the management and financing of a complicated portfolio of real property. The agreement provided for various incentive, financing, and transaction fees to the investor/brokers. The Court ruled that at least some of these fees violated New York Real Property Law (RLP) § 442-d by giving fees to unlicensed brokers, explaining: Read More
- Posted: November 21, 2025 / Commercial Division Blog
Written by: Channing J. Turner, Samuel L. Butt, Thomas A. Kissane, Jeffrey M. Eilender, Joshua WurtzelPreviously-Filed Federal Actions Warrant Stay Of State Case, Not Dismissal
On October 4, 2025, Justice Andrea Masley denied a motion to dismiss and granted a stay in deference to two previously-filed federal actions. The case is Comcast Cable Communications Management, LLC v. Entropic Communications, LLC, Index No. 655738/2023. Read More
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