Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

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April 10, 2026 Reargument Denied But Additional Time To Submit Appraisal Granted
On March 3, 2026, Justice Andrea Masley generally denied defendants’ motion to reargue a prior grant of summary judgment, but granted them a final extension to file an appraisal challenging the amount awarded plaintiff. The case is MF1 2022-FL9 LLC v. Haikins, Index No. 654647/2023. Read More
November 3, 2025 Court Declines To Vacate Decision Granting Summary Judgment In Lieu Of Complaint Or Stay Entry Of Judgment Based On Alleged Defects In Service And Attorney Representation Written by: Jeffrey M. Eilender, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Samuel L. Butt
On July 9, 2025, Justice Andrea Masley rejected several defendants’ arguments that defects in service of process and ineffective attorney representation warranted vacating the Court’s order granting summary judgment in lieu of complaint or staying entry of a judgment. In MF1 2022-FL9 LLC v. Shmuel Haikins, et al., Index No. 654647/2023, defendants had failed to appear in response to the lawsuit and the Court had granted judgment to plaintiff. Defendants then appeared and moved to vacate the Court’s order and stay entry of judgment on the basis that service had not been effective, as to one party, and counsel had failed to appear as instructed, as to another. The Court rejected these arguments, explaining: Read More