- Posted: October 27, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtCourt Grants Summary Judgment In Lieu Of Complaint Against Loan Guarantor Despite A Pending Foreclosure Action Against The Primary Borrower
On September 12, 2025, Justice Melissa A. Crane granted a plaintiff’s motion for accelerated summary judgment in lieu of complaint against the guarantor on a loan even though a separate action to foreclose against the primary debtor remained pending. In JPMDB 2018-C8 Constitution Plaza, LLC v. Aaron Berger, Index No. 651312/2025, the borrower defaulted on the loan and subsequently filed for bankruptcy. The plaintiff (who had been assigned the loan documents by the original lender) sued the individual guarantor on the loan in New York and initiated a foreclosure action on collateral in Connecticut. The court granted judgment to the plaintiff notwithstanding the ongoing foreclosure proceeding, explaining: Read More
- Posted: October 24, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneCourt Grants Summary Judgment To Landlord On Breach Of Lease But Denies Consequential Damages
On September 10, 2025, Justice Andrea Masley granted summary judgment to the plaintiff landlord on liability, and awarded attorneys’ fees under a lease, while granting summary judgment to defendant tenants to the extent of striking the landlord’s claim for consequential damages. The case is 1101-43 Ave Acquisition LLC v. Sonder Hospitality USA Inc., Index No. 653840/2020. Read More
- Posted: October 22, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneLender’s Dismissal Of Claims Against Guarantor Requires Dismissal Of Guarantor’s Related Third-Party Fraudulent Inducement Claim
On September 16, 2025, Justice Joel M. Cohen held that the voluntary dismissal of a note holder’s claim against Harvey Weinstein as guarantor warranted dismissal of a third-party complaint by Weinstein alleging fraudulent inducement. The case is AI International Holdings v. Weinstein, Index No. 656864/2017. Read More
- Posted: October 20, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Channing J. Turner, Joshua Wurtzel, Samuel L. ButtSummary Judgment In Lieu of Complaint Proper Despite Plaintiff’s Failure To Specify Exact Amount Due
On September 16, 2025, in Waam Yieldco LLC v. Frank, Index No. 653371/2025, Justice Andrew Borrok found that plaintiff’s failure to specify the exact amount due did not prevent entry of summary judgment under CPLR 3213. Read More
- Posted: October 10, 2025 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua Wurtzel, Jeffrey M. EilenderCourt Dismisses Counterclaim For Breach Of Contract After Trial For Lack Of Damages
On September 4, 2025, Justice Melissa A. Crane dismissed defendant’s counterclaim for breach of contract in Denenberg v. SDK Heiberger LLP, Index No. 655118/2021. The Court explained: Read More
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