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

On November 5, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint under CPLR 3213 upon a settlement agreement with confession of judgment plaintiff had entered into with defendant in a prior action. The case is D’Angelo v. Devito, Index No. 651007/2025. Read More

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

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

On July 29, 2025, Justice Melissa A. Crane granted summary judgment in lieu of complaint on a $1 million loan agreement, and denied summary judgment as to attorneys’ fees. The case is Katragadda v. EIP Global Fund LLC, Index No. 655836. Read More

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

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

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

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

On December 31, 2024, Justice Andrea Masley awarded less than 15% of the amount sought by plaintiffs as the amount for defendants to pay as a condition to excusing their default. The case is Universal Investment v. Bakrie Telecom Pte, Ltd., Index No. 652890/2014. Read More

On September 5, 2024, Justice Melissa A. Crane declined to award plaintiff the full amount of requested attorneys’ fees and reduced the requested amount by 50%. In EXRP 14 Holdings LLC v. LS-15 Ave LLC, Index No. 652698/2022, the Court had previously granted plaintiff’s motion for sanctions, ordered defendant to reimburse plaintiff for the reasonable costs of making a prior motion, and directed plaintiff to submit supporting documentation for its fee request. In making its 50% reduction, the Court explained: Read More

On April 5, 2024, in Caelen Invs. LLC v. Notias, Index No. 654142/2020, Justice Joel M. Cohen awarded $700,000.00 in contractual attorney’s fees and costs to Plaintiff in a suit for breach of a Loan Agreement. Having earlier prevailed on summary judgment and on liability for costs and fees, Plaintiff sought a total award of $838,414.56 ($818,391.00 in fees and $20,023.56 in costs.). Read More

On October 26, 2023 Justice Melissa A. Crane, of the New York County Commercial Division issued a decision in Newark Rehabilitation Ctr., PA v Simela, Index No. 651425/2022, 2023 NY Slip Op 33838(U), awarding plaintiff’s attorneys’ fees, but reducing the amount of fees after an inquest. First, the Court declined to award plaintiff’s attorneys fees incurred in making the fee application, holding that this would be an “impermissible award of fees on fees,” which “must be denied” “[a]bsent any statute or agreement allowing fees on fees,” which was not present in this case. The Court further reduced the remainder of the fees requested, finding that there were numerous instances of duplicative and excessive billing, explaining: Read More

In a Decision and Order, dated October 3, 2023, in Seymour v. Hovnanian., Index No. 154579/2016, Justice Melissa Crane set a hearing on plaintiff’s former counsel’s motion to enforce its statutory charging lien. The Court explained: Read More

On October 3, 2023, Justice Melissa A. Crane, of the New York County Commercial Division issued a decision in Fuks v. Rakia––– Associates, Index No. 122768/1998, granting defendant’s request for attorneys’ fees, but reducing the amount of fees requested by 50%. In a prior order, the court had permitted the defendant to seek reasonable attorneys’ fees incurred solely in prosecuting a prior claim for a constructive trust, as permitted by the partnership agreement. However, the defendant’s motion for attorneys’ fees failed to distinguish between fees incurred prosecuting that claim and the instant action, and also improperly included block billing and other issues. The Court thus reduced the fee award, explaining: Read More

On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in HCC Insurance Holdings, Inc. v. Athenium Analytics LLC, 2023 N.Y. Misc. LEXIS 1317. The Court held that an unconditional guaranty on a note was an instrument for the payment of money only within the meaning of CPLR 3213, even where the guarantee, in the preamble and within a provision providing for indemnification, including the word “performance.” The Court explained: Read More

In a Decision and Order, dated February 17, 2023, in Gibbs v. Holland & Knight, LLP, Index No. 159345/2014, Justice Andrew Borrok of the New York County Commercial Division denied a former partner’s motion to vacate the arbitrator’s award of attorneys’ fees and costs to defendant law firm and granted defendant’s cross-motion to confirm the final award even though plaintiff prevailed on one discrete issue in the arbitration. The Court explained: Read More

On February 14, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Pacific Premier Bank v. HNI, LLC, 2023 N.Y. LEXIS 647, confirming the report and recommendation of Special Referee Jeremy R. Feinberg awarding plaintiff nearly $1 million in attorneys’ fees and costs incurred in the litigation pursuant to a contractual provision. The Court explained: Read More

On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Lis v. Lancaster, 2023 N.Y. Misc. LEXIS 182, permitting the plaintiff to make a motion for sanctions in the form of its reasonable attorneys’ fees in making a discovery motion where the opposing party improperly withheld documents pursuant to the attorney-client privilege without properly logging those documents on a privilege log. The Court denied the motion insofar as it asked the Court to strike the defendants’ pleadings pursuant to CPLR 3126. The Court explained: Read More

On January 13, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in Parkmerced Invs., LLC v. WeWork Cos. LLC, 2023 N.Y. Misc. LEXIS 213, holding that a party was the “prevailing party” for the purpose of awarding attorneys’ fees pursuant to a contractual provision permitting the award of fees to the prevailing party where it had obtained an order granting its motion to dismiss the claims against it in its entirety. The Court explained: Read More

On January 22, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Entech Engineering, P.C. v. Dewberry Engineers Inc., 2023 NY Slip Op 30221(U), holding that the defendant, as prevailing party, was entitled to its attorneys' fees, but refusing to award fees for work done before the lawsuit was filed and refusing to award pre-judgment interest on the amount of the fees, explaining: Read More