- Posted: July 11, 2025 / Commercial Division Blog
Claim For Tortious Interference With Agreement Cannot Be Maintained Where A Plaintiff Acknowledged The Defendant And The Contractual Counterparty Had A Pre-Existing Relationship
On June 12, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with a agreement based on an acknowledged pre-existing relationship between the defendant and the contractual counterparty. In Oppenheimer & Co., Inc. v. Vivani Medical Inc., et al., Index No. 650421/2024, Oppenheimer & Co. entered into an agreement with Vivani Medical Inc. to locate an investor and fund a proposed merger. That merger fell through when Vivani Medical allegedly found a better deal through the services of ThinkEquity LLC. Oppenheimer sued both Vivani Medical and ThinkEquity on claims that included tortious interference with an agreement by ThinkEquity. Read More
- Posted: July 9, 2025 / Commercial Division Blog
Court Rules That Promissory Note’s References To An Operating Agreement And Attorneys’ Fees Do Not Prevent Summary Judgment In Lieu Of Complaint
On June 13, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint, overruling a defendant’s arguments that references in the note to other agreements and payment of fees of an unspecified amount disallowed the expedited procedures of CPLR 3213. In BLT Fund 9 Dayton’s LLC v. 601 Minnesota Investor LLC, Index No. 650483/2024, the plaintiff moved for summary judgment in lieu of complaint under CPLR 3213 after the defendant failed to repay a promissory note with interest. Plaintiff contended the expedited procedures in CPLR 3213 were appropriate because the promissory note was “an instrument for the payment of money only.” Read More
- Posted: July 7, 2025 / Commercial Division Blog
Summary Judgment Granted Against Enforcement Of Overbroad Non-Compete Agreement
On May 13, 2025, Justice Melissa A. Crane granted summary judgment to Steven Koenig, an accountant sued for alleged breaches of a non-compete agreement by his former employer, Prager Metis CPAs LLC (“Prager”). The case is Prager Metis CPAs LLC v. Koenig, Index No. 652000/2023. Read More
- Posted: July 2, 2025 / Commercial Division Blog
Motion To Dismiss Granted In Part Based On Forum Selection Clause And Duplicative Nature Of Quasi-Contract Claims
On May 19, 2025, Justice Andrea Masley granted in part Defendants’ motion to dismiss causes of action under employment-related agreements to engage in the purchase, operation, and sale of various shipping vessels. The case is Kasselakis v. Tiptree, Inc., Index No. 653395/2024. Read More
- Posted: June 30, 2025 / Commercial Division Blog
Attorney Fees Application Denied For Lack of Substantiation
On May 15, 2025, Justice Joel M. Cohen denied a prevailing plaintiff’s application for attorney’s fees and costs, without prejudice, for lack of substantiation. The case is CLNC 2019-FL1 Funding, LLC v. Bennett, Index No. 651851/2023. Read More
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