- Posted: August 29, 2025 / Commercial Division Blog
Default Judgment Granted, Inadequate Proof Of Damages Requires Referral To Referee
On June 30, 2025, Justice Andrea Masley granted plaintiffs’ unopposed motion for entry of a default judgment against a corporate defendant that had failed to replace its withdrawn counsel, but declined to enter judgment fixing damages as plaintiffs’ proof was insufficient. The court therefore referred the damages issue to a referee for a hearing. The case is Rhythm Energy, Inc. v. V3 Capital Group, LLC, Index No. 653122/2023: Read More
- Posted: August 27, 2025 / Commercial Division Blog
Under Liberal Construction Afforded Notices Of Insurance Claims, Dispute Regarding Whether Plaintiffs’ Notice Included Earlier Insurance Policy Fails To Render Amendment “Palpably Insufficient”
On July 3, 2025, Justice Joel M. Cohen granted leave to amend the complaint to include an earlier insurance policy covering the aircraft for which Plaintiffs sought coverage. The case is Greylag Goose Leasing 1410 Designated Activity Company v. Chubb European Group, Index No. 654784/2023. Read More
- Posted: August 25, 2025 / Commercial Division Blog
Summary Judgment In Lieu Of Complaint Granted Upon Renewal
On July 14, 2025, Justice Margaret A. Chan granted summary judgment upon renewal of plaintiff’s application to enforce a $10,000,000 promise of payment by defendant Joseph S. Cohen as an instrument for the payment of money only under CPLR 3213. The case is DKSJ, LLC v. Cohen, Index No. 653100/2024. Read More
- Posted: August 22, 2025 / Commercial Division Blog
Summary Judgment in Lieu of Complaint Denied When Amounts Due Under Guaranty Could Not Be Computed Without Consulting Other Materials
On July 2, 2025, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Ally Bank, et al. v. Rybner, et al., Index No. 652277/2025, denying a motion under C.P.L.R. 3213 for summary judgment in lieu of complaint on a guaranty, explaining: Read More
- Posted: August 15, 2025 / Commercial Division Blog
Court Concludes Defendant Purged Himself Of Criminal Contempt
On July 1, 2025, Justice Joel M. Cohen determined that Defendant purged himself of criminal contempt in Valley National Bank v. Tarzan Cab Corp., Index No. 655249/2020. In March, the Court granted plaintiff’s motion for civil contempt and provisionally granted the motion for criminal contempt against Defendant Sami Itshaik. The Court provided Defendant leave to purge himself of criminal contempt by making a filing that complied with the Court’s prior order. In concluding Itshaik had purged the criminal contempt, the Court explained: Read More
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