- Posted: June 20, 2025 / Commercial Division Blog
Argument About Course Of Performance Defeats Motion For Summary Judgment In Lieu Of Complaint
On May 22, 2025, Justice Joel M. Cohen denied plaintiff’s motion for summary judgment in lieu of complaint in FG International Group Inc. v. FIDIA Capital, LLC et ano., Index No. 650073/2025. Although plaintiff had made a prima facie case, defendants raised disputed issue of fact as to whether they had defaulted. The Court explained: Read More
- Posted: June 18, 2025 / Commercial Division Blog
Court Denies Post-Trial Motion To Set Aside Jury’s Verdict
On May 14, 2025, Justice Joel M. Cohen denied Defendant’s motion to set aside the jury’s verdict or for a new trial in Iken v. Bohemian Brethren Presbyterian Church, Index No. 654614/2017. The Court explained: Read More
- Posted: June 16, 2025 / Commercial Division Blog
Court Permits Belated Summary Judgment Motion
On June 6, 2025, Justice Joel M. Cohen granted Plaintiff’s motion for leave to file a belated summary judgment motion in J.T. Magen & Company Inc. v. Nissan North America, Inc. et al., Index No. 160497/2017. The Court explained: Read More
- Posted: June 13, 2025 / Commercial Division Blog
Court Upholds Defense Based On The Frustration-Of-Purpose Doctrine Due To Covid 19 Pandemic Preventing Access To Public Events
On May 15, 2025, Justice Joel M. Cohen denied a summary judgment motion seeking dismissal of a defense based on the frustration-of-purpose doctrine after the Covid 19 pandemic prevented the party from fulfilling its contractual obligation to provide access to high-profile performances and live events. In Penske Media Corp. v. Shutterstock, Inc., Index No. 652761/2024, Penske Media Corporation (PMC) and Shutterstock had entered into an agreement whereby PMC granted Shutterstock access to high-profile live events like the Academy Awards and Tony Awards ceremonies in exchange for a cut of royalties. The Covid 19 pandemic disrupted this arrangement by canceling many such events, leading to a declaration of default for failing to provide access to live events. The Court denied summary judgment on the doctrine, explaining: Read More
- Posted: June 11, 2025 / Commercial Division Blog
Court Grants Reargument/Reconsideration Of Dismissal Of Claim Under The New York State False Claims Act To Allow Liquidated Civil Penalties
On May 15, 2025, Justice Andrew Borrok granted a plaintiff’s motion for reargument/reconsideration of complete dismissal of its claim under the New York State False Claims Act (NYSFCA), holding that although the claim for actual damages was properly dismissed, the plaintiff could still pursue liability for civil penalties. In State of New York ex rel. Edelweiss Fund, LLC, v. JPMorgan Chase & Co., et al., Index No. 100559/2014, the Court had previously granted a motion to dismiss the NYSFCA claim based on the failure to show actual damages. However, the Court reversed its prior ruling for “overlook[ing] or misapprehend[ing]” that the NYSFCA also allowed plaintiffs to seek a liquidated civil penalty against a defendant. The Court explained: Read More
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