- Posted: August 1, 2025 / Commercial Division Blog
Plaintiff-Contractor Awarded Intended Contract Rate After Bench Trial, No “Prevailing Party” For Purposes of Fee Shifting Provision
On June 23, 2025, Justice Melissa A. Crane issued a decision following a bench trial, awarding a contractor the rate intended by the parties rather than a rate that was the product of mutual mistake, and finding that neither party was entitled to invoke the contract’s fee-shifting provision. The case is Titan Constr. Servs., LLC v Board of Mgrs. of PS 90 Condominium, Index No. Index No. 652243/2021. Read More
- Posted: July 30, 2025 / Commercial Division Blog
Motion To Vacate Civil Arrest Warrant Granted, Damages For Contempt Referred For Hearing
On June 29, 2025, Justice Andrea Masley granted a contemnor’s motion to vacate a civil arrest warrant and set the damages caused by contemnor’s late compliance down for hearing. The case is Satterfield v. VStock Transfer, LLC, Index No. 650311/2019. Read More
- Posted: July 28, 2025 / Commercial Division Blog
Attorney Fee Application Granted in Part
On June 20, 2025, Justice Joel M. Cohen granted in part prevailing defendants’ application for contractual attorneys’ fees and costs. The case is Nicklaus Cos., LLC v. GBI Invs., Inc., Index No. 656284/2022. Read More
- Posted: July 25, 2025 / Commercial Division Blog
False Statements That Manager Was Taking Kickbacks Constituted Defamation Per Se
On June 18, 2025, Justice Andrew Borrok of the New York County Commercial Division issued a post-trial decision in IGC 444 Park LLC v. 444 PAS Restaurant Associates LLC, Index No. 656304/2020, holding one of the defendants, David Moinian, liable for defamation based on a statement that defendant made accusing plaintiff, the food-and-beverage manager of the Mondrian Park Avenue Hotel, of taking kickbacks, explaining: Read More
- 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
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