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

On April 10, 2026, in I.B.I Volcano Investments LLC v. Apex South Creek IB, LLC, Index No. 655364/2025, Justice Melissa A. Crane of the New York County Commercial Division granted plaintiffs’ motion for summary judgment in lieu of complaint. Read More

On May 5, 2026, in Samson MCA LLC v. DI Construction. LLC, Index No. E2024019427, Justice Daniel J. Doyle denied plaintiff’s motion under CPLR 3215(i) for entry of a default judgment and refused to enforce the parties’ stipulation of settlement. Plaintiff, a merchant cash advance funder, had purchased defendants’ future receivables under an agreement providing for attorneys’ fees calculated at 30% of the unremitted purchased amount. After defendants allegedly defaulted, the parties entered into a stipulation of settlement that incorporated those fees into the settlement balance and separately provided for an additional 25% in attorneys’ fees on the unpaid indebtedness in the event of a further default. The Court held that the stacked percentage-based attorneys’ fees provisions in both the underlying agreement and the settlement stipulation were procedurally and substantively unconscionable, and refused to enforce them. In denying the motion, the Court explained: Read More

On March 24, 2026, Justice Andrew Borrok rejected defendant’s attempt to create a material issue of fact by reference to a dispute about the calculation of interest, where that subject was addressed in the parties’ contract. The case is Big Bus Tours Limited v. Twin America, LLC, Index No. 654028/2025. Read More

On March 10, 2026, Justice Melissa A. Crane granted summary judgment on a settlement agreement under CPLR 3213. The case is G.O.C. Investments Companies Inc. v. BSD Tree, Inc., Index No. 656001/2025. Read More

On March 31, 2026, in Guggenheim Securities, LLC v. Falcon’s Beyond Global, LLC, et al., Index No. 651585/2024, Justice Melissa A. Crane granted in part and denied in part dueling motions for summary judgment. The court dismissed the defendant’s counterclaims against its financial advisor for fraud, breach of fiduciary duty, and equitable rescission, but denied both parties’ motions for summary judgment on their breach of contract claims. The Court explained: Read More

On March 2, 2026, Justice Andrew Borrok granted a preliminary injunction enforcing non-compete and non-solicitation restrictive covenants in plaintiff’s operating agreement against a member, Shravan Reddy, and his co-defendant company, AplihsMD. The case is Excelusmle Review LLC v. Reddy, Shravan, Index No. 654449/2025. Read More

On January 13, 2026, Justice Andrea Masley denied summary judgment to defendants asserting ratification and estoppel defenses against claims for breach of contract in connection with collateralized debt obligations (CDOs) based on a broad no-waiver provision in an agreement. In CWCapital Cobalt VR Ltd. v. CWCapital Investments LLC, et al., Index No. 653277/2018, the issuer plaintiff asserted claims for breach of contract, among others, against the manager and servicer of the CDOs. In response, the defendants sought to dismiss the case based on the fact that they had managed the CDOs the same way for a decade before the action without complaint from the plaintiff and that an officer of the plaintiff had certified annually that no defaults were found. The Court rejected these facts as a basis for ratification and estoppel. It explained: Read More

On January 9, 2026, Justice Andrea Masley denied a motion brought by a company against its former president seeking summary judgment for breach of an employment agreement that contained confidentiality clauses despite evidence that the ex-president had passed lists of accounts and “clients/prospects” to potential new employers. In Frosch International Travel, Inc. v. Michel Botbol, Index No. 653071, the Court acknowledged several e-mails in which the ex-president passed lists of accounts and clients to two potential employers, and it noted that the lists did appear to contain at least some of the company’s customers. However, the Court found that questions of material fact still existed as to whether the information in the lists was truly confidential company information. It explained: Read More

On February 5, 2026, Justice Joel M. Cohen issued a decision after non-jury trial that found, among other things, that an executive’s “effective abandonment” of his responsibilities to the company breached an employment agreement and gave rise to an “independent faithless servant defense” that precluded him from recovering equity grants. In Thomas O’Connor, et al., v. Society Pass Incorporated, Index No. 656938/2019, the plaintiff entered into an employment agreement to serve as Chief Marketing Officer, a role that included responsibility for securing additional investments and clients for the company. After falling out with the company’s then-CEO, plaintiff took unauthorized, months-long vacations and disparaged the CEO to potential investors. Read More

On November 24, 2025, Justice Andrew Borrok sustained plaintiff’s claim for breach of contract, while dismissing its claim for quantum meruit as duplicative. The case is Torreya Partners LLC v. Sandoz Inc., Index No. 653040/2025. Read More

On November 21, 2025, Justice Andrew Borrok granted a plaintiff lender summary judgment, finding that defendant failed to raise any triable issue concerning its obligations under certain promissory notes. The case is Mendon Ventures Banktech Fund I LP v. Equitus Corporation, Index No. 654629/2024. Read More

On November 3, 2025, Justice Joel M. Cohen denied a motion to dismiss claims alleging violation of a letter agreement that the parties had agreed to work toward modifying. The case is Weinberg v. Meridian Capital Group, LLC, Index No. 653283/2025. Read More

On October 3, 2025, in Phillips Auctioneers LLC v. Mimran, Index No. 653994/2025, Justice Melissa A. Crane granted plaintiff’s motion for summary judgment in lieu of complaint. Plaintiff and defendant entered into a third-party guarantee pertaining to a Jackson Pollock work pursuant to which defendant was required to purchase the work for $14.5 million if certain conditions of sale were not met.. The conditions of sale were not met and Mimran failed to pay for the work. The Court explained: 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 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

On September 9, 2025, in 111 West 57th Investment LLC v. 111 W57 Mezz Investor LLC, Index No. 655031/2017, Justice Joel M. Cohen denied defendant’s motion for summary judgment and also denied plaintiff’s motion for partial summary judgment as to liability. The Court explained: Read More

On July 28, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with contract brought against a corporate officer due to a lack of allegations suggesting the officer was motivated “solely by malice.” In EMC Presents Delphi LLC v. Delphi Studios LLC, et al., Index No. 655192/2024, Plaintiff EMC sued Delphi Studios in connection with the failed financing of an entertainment business venture. One of EMC’s claims alleged that Andrea Jacobs, a principal at Delphi Studios, tortiously interfered with EMC’s financing contract and relationship with a third party financer. The Court held, however, that EMC had failed to meet the “enhanced pleading standard” triggered by Jacobs’s status as a corporate officer at Delphi Studios. The Court explained: 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 23, 2025, Justice Joel M. Cohen denied a motion for summary judgment premised on defendant’s argument that plaintiff had failed to exhaust its administrative remedies. The case is 249 E. 62 St., LLC vs. Rafael Vinoly Architects, P.C., Index No. 655469/2020. Read More

On July 29, 2025, Justice Joel M. Cohen issued a decision in Ader v. Ader, et al., Index No. 653917/2024, granting summary judgment against defendant borrower for breach of an agreement between borrower and plaintiff guarantor under which borrower gave guarantor the right to sell borrower's real property if borrower defaulted on the underlying loan guaranteed by guarantor, explaining: Read More