- Posted: January 22, 2025 / Commercial Division Blog
Court Excuses Ten-Month Delay In Answering Crossclaims Despite Law Office Failure
On December 19, 2024, Justice Joel M. Cohen denied a motion for an order entering default against a crossclaim-defendant and allowed that party an extension of time to answer despite a ten-month delay in responding to the pleading. In Mehrnaz Nancy Homapour, et al., v. 3M Properties, LLC, et al., Index No. 653795/2015, three defendants filed crossclaims against a fellow defendant, Jacob Harounian, as part of an amended answer. Harounian’s attorney did not notice the addition of this crossclaim because the remainder of the answer was nearly identical to prior answers filed by the three parties. After ten months had elapsed, the crossclaim-plaintiffs moved for default. Read More
- Posted: January 17, 2025 / Commercial Division Blog
Summary Judgment Granted To Third Party Defendant In Real Estate Development Action
On December 4, 2024, Justice Joel M. Cohen granted a third-party defendant’s motion to dismiss claims against it brought by the sponsor of a Manhattan real estate development. The case is Board of Managers of the 443 Greenwich Street Condominium v. SGN 443 Greenwich Street Owner LLC, Index No. 656934/2021 Read More
- Posted: January 15, 2025 / Commercial Division Blog
Summary Judgment Granted Plaintiff For Fees Due On Contract To Provide Investment Banking Services
On December 2, 2024, Justice Andrew Borrok granted summary judgment to plaintiff in a contractual dispute seeking payment of fees for services in brokering a loan. The case is Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, Index No. 654869/2022. Read More
- Posted: January 13, 2025 / Commercial Division Blog
Special Referee’s Report Vacated In Part In Dispute Over Nazi-Looted Art
On December 4, 2024, Justice Joel M. Cohen granted in part plaintiff’s motion to vacate a Special Referee’s report. The case is Gowen v. Helly Nahmad Gallery, Inc., Index No. 650646/2014. The case concerned a ten-year-old dispute in which the heirs to the owner of a painting by Amedeo Modigliani, which had been stolen by the Nazi regime, sought to recover it from an art dealer who had later acquired it at auction. Read More
- Posted: January 3, 2025 / Commercial Division Blog
Court Dismisses Breach Of Contract Claim With Prejudice
On December 3, 2024, Justice Melissa A. Crane granted defendant’s motion to dismiss in Parque Solar Don Jose S.A. de C.V. v. Enel S.P.A., Index No. 656415/2024. The action concerned an effort to enforce a guaranty plaintiff and defendant entered into in connection with the construction of renewable energy plants in Mexico. The guaranty provided that it would expire at the end of a “Defects Notification Period” of 21 months from another defined date. The Court explained: Read More
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