- 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
- 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
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