- Posted: August 13, 2025 / Commercial Division Blog
Court Grants In Part Motion To Dismiss Against Accounting And Auditing Firm Based On Engagement Letter Clause Permitting Firm To Resign At Any Time
On July 3, 2025, Justice Andrea Masley granted, in part, Defendant Marcum, LLP’s motion to dismiss the complaint in Hyros, Inc. v. Marcum, LLP, Index No. 653718/2023. Plaintiff asserted a claim for breach of contract against Marcum based on Marcum’s resignation from the engagement prior to completion, claiming Marcum failed to provide a valid explanation as to why, in its professional judgment, the circumstances required March to resign. Marcum argued it had the right to resign at any time without limitation. The Court agreed with Marcum on this claim, explaining: Read More
- Posted: August 11, 2025 / Commercial Division Blog
Court Denies Motion For Attorneys’ Fees
On July 3, 2025, Justice Joel M. Cohen denied movants’ motion for attorneys’ fees in ARC NYWWPJV001, LLC v. WWP JV LLC, Index No. 654977/2022. The Court explained: Read More
- Posted: August 8, 2025 / Commercial Division Blog
Court Defaults Corporation In Appraisal Proceeding For Failure To Hire New Legal Counsel After Prior Counsel’s Withdrawal
On May 22, 2025, Justice Margaret A. Chan granted a motion for default judgment in an appraisal proceeding against a corporation that failed to retain new legal counsel after its prior counsel withdrew from the case. In Terence Holtz v. Myslabs, Inc., Index No. 650665/2024, the petitioner sought to fix the fair value of its former interest in the respondent, Myslabs, Inc. Myslabs initially appeared in the case represented by counsel. However, its counsel later moved to withdraw, which the Court granted. Despite a 30-day stay of proceedings, Myslabs did not obtain new counsel. This justified granting default. Read More
- Posted: August 6, 2025 / Commercial Division Blog
Statutory Amendment Overturning Prior Case Law That Occurred While Action Was Pending Justified Granting Motion For Renewal Of Argument
On May 19, 2025, Justice Margaret Chan granted plaintiffs’ motion to renew argument for summary judgment based on a statutory amendment that overturned prior case law during the case. In Berton Rose, et al., v. Gazivoda 118 LLC, Index No. 152051/2020, the plaintiffs brought an action for rent overcharge and moved for summary judgment based on a claim of fraud. The Court denied them summary judgment based, in part, upon its interpretation of whether their fraud claim met a statutory exception in the Housing Stability and Tenant Protection Act of 2019. About a year later, plaintiffs moved to renew their motion based on an amendment to statutory law that changed the standard for evaluating their fraud claim. Read More
- Posted: August 4, 2025 / Commercial Division Blog
Court Holds Party In Contempt For Breach Of A Permanent Injunction And An Agreement Settling A Prior Case
On May 19, 2025, Justice Andrew Borrok granted motions for a preliminary injunction and to hold a party in contempt based on the breach of an agreement and permanent injunction settling a prior civil case. In Go New York Tours Inc. d/b/a Topview Sightseeing v. Vector Media, LLC, Index No. 151029/2025, the parties had settled a previous dispute concerning advertising rights on vehicles driven in New York City by entering an agreement and consenting to a permanent injunction. Vector Media accused Go New York Tours Inc. (“GONY”) of breaching their agreement and the injunction. Read More
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