- Posted: March 29, 2024 / Commercial Division Blog
Court Grants Plaintiff Summary Judgment Requiring City To Close Pursuant To Terms of Ground Lease
On March 5, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment and denied the City’s motion. The decision in Atlantic Center Fort Greene Assoc., LLC v. The City of New York, Index No. 656207/2021, concerned a lease agreement dated August 4, 1995, between the City as landlord and plaintiff’s predecessor in interest as tenant. The Court explained: Read More
- Posted: March 27, 2024 / Commercial Division Blog
Court Denies Motion To Compel Post-Judgment Deposition Since It Was Sought Under Wrong Article of the CPLR
On March 13, 2024, Justice Joel M. Cohen denied, without prejudice, plaintiffs’ motion to compel a deposition of defendant. The decision in Law Office of Mark. S. Helweil v. Karambelas, Index. No. 159060/2018, explained: Read More
- Posted: March 25, 2024 / Commercial Division Blog
Court’s 2023 Annual Report Highlights Commercial Division Advisory Council
The recently issued New York State Unified Court System 2023 Annual Report highlights the work of the Commercial Division Advisory Council, which, inter alia, proposes procedural rules for the Commercial Division, and quotes Advisory Council member Heather Mulligan, President and CEO of The Business Council of New York State. Read More
- Posted: March 22, 2024 / Commercial Division Blog
Defendant’s Decision To Attend His Deposition and Invoke the Fifth Forfeited Right To A Stay to Preserve His Civil Defenses
On February 5, 2024, Justice Andrew Borrok denied a defendant’s motion for a stay and granted a plaintiff’s motion to dismiss the defendant’s counterclaims and defenses based on the defendant’s invocation of the Fifth Amendment during his deposition in the case. The decision in ATX Debt Fund 2, LLC v. Natin Paul, et al, Index No. 650728/2020, noted that the defendant, Natin Paul, faced parallel criminal proceedings at the time he was deposed for this civil case. Paul invoked the Fifth Amendment more than 400 times during that deposition, including in response to questions that the Court characterized as “unquestionably material and necessary to the maintenance of his counterclaims and affirmative defenses in this case.” In a bid to preserve his counterclaims and defenses, despite refusing to answer these questions, Paul moved for a stay in the civil action. The Court denied the stay and suggested that Paul should have sought a stay before attending his deposition, explaining in part: Read More
- Posted: March 20, 2024 / Commercial Division Blog
Court Holds Tenant Waived Right to Money Damages Based on Landlord’s Conduct After COVID-19 Restrictions Lifted
On January 30, 2024, Justice Andrew Borrok granted a motion to dismiss a tenant’s action for money damages brought against its landlord for unreasonably preventing it from reopening following the lifting of government restrictions surrounding COVID-19. The decision in 2M Hospitality Group, LLC v. Sahara Plaza, LLC, Index No. 653345/2023, concluded that a provision in the lease waived the tenant’s right to money damages based on the landlord’s failure to act reasonably or default under the lease. The Court also explained, in part: Read More
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