- Posted: July 23, 2025 / Commercial Division Blog
Schulte Roth Not Entitled to Rent Abatement During Pandemic
On July 9, 2025, following a bench trial, Justice Andrea Masley of the New York County Commercial Division dismissed a lawsuit brought by Schulte Roth & Zabel LLP against its landlord, rejecting Schulte Roth's claim that a rent-abatement provision in its lease entitled it to an abatement as a result of the COVID-19 pandemic. Read More
- Posted: July 18, 2025 / Commercial Division Blog
Production Of Documents Pursuant To LLC Law § 1102 Created Issue Of Fact As To Whether Production Cured Violations
On June 30, 2025, Justice Margaret A. Chan denied both parties’ motions for summary judgment regarding claims that defendants failed to provide records to which plaintiffs were entitled pursuant to Limited Liability Company Law § 1102 and the parties’ operating agreement in Tillis v. ZAR Realty NY LLC, Index No. 651939/2024. The Court explained: Read More
- Posted: July 16, 2025 / Commercial Division Blog
Court Grants Motion For Service By Email
On June 18, 2025, Justice Joel M. Cohen granted Plaintiff’s motion for an extension of time to complete service of process under the Hague Convention and granted leave to serve Defendants by email in Society Pass Incorporated v. Xperx AI PTE Ltd d/b/a GrowthHero et al., Index No. 652442/2023. As to email service, the Court explained: Read More
- Posted: July 14, 2025 / Commercial Division Blog
Court Declines To Rely On Expert Opinion Where Contract Is Unambiguous
On June 15, 2025, Justice Andrea Masley granted Plaintiff’s motion for partial summary judgment and denied defendant’s motion to amend to file a second amended answer with counterclaim, concluding, as part of the Court’s analysis, that she could not rely on defendant’s expert opinion in A-US GAL 1, L.P.. v. National Air Cargo Group, Inc., Index No. 655890/2023. The Court explained: Read More
- Posted: July 11, 2025 / Commercial Division Blog
Claim For Tortious Interference With Agreement Cannot Be Maintained Where A Plaintiff Acknowledged The Defendant And The Contractual Counterparty Had A Pre-Existing Relationship
On June 12, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with a agreement based on an acknowledged pre-existing relationship between the defendant and the contractual counterparty. In Oppenheimer & Co., Inc. v. Vivani Medical Inc., et al., Index No. 650421/2024, Oppenheimer & Co. entered into an agreement with Vivani Medical Inc. to locate an investor and fund a proposed merger. That merger fell through when Vivani Medical allegedly found a better deal through the services of ThinkEquity LLC. Oppenheimer sued both Vivani Medical and ThinkEquity on claims that included tortious interference with an agreement by ThinkEquity. Read More
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