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

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

On June 30, 2025, Justice Andrea Masley granted plaintiffs’ unopposed motion for entry of a default judgment against a corporate defendant that had failed to replace its withdrawn counsel, but declined to enter judgment fixing damages as plaintiffs’ proof was insufficient. The court therefore referred the damages issue to a referee for a hearing. The case is Rhythm Energy, Inc. v. V3 Capital Group, LLC, Index No. 653122/2023: Read More

On July 3, 2025, Justice Andrea Masley granted, in part, Defendant Marcum, LLP’s motion to dismiss the complaint in Hyros, Inc. v. Marcum, LLP, Index No. 653718/2023. Plaintiff asserted a claim for breach of contract against Marcum based on Marcum’s resignation from the engagement prior to completion, claiming Marcum failed to provide a valid explanation as to why, in its professional judgment, the circumstances required March to resign. Marcum argued it had the right to resign at any time without limitation. The Court agreed with Marcum on this claim, explaining: Read More

On June 23, 2025, Justice Melissa A. Crane issued a decision following a bench trial, awarding a contractor the rate intended by the parties rather than a rate that was the product of mutual mistake, and finding that neither party was entitled to invoke the contract’s fee-shifting provision. The case is Titan Constr. Servs., LLC v Board of Mgrs. of PS 90 Condominium, Index No. Index No. 652243/2021. Read More

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

On May 15, 2025, Justice Joel M. Cohen denied a summary judgment motion seeking dismissal of a defense based on the frustration-of-purpose doctrine after the Covid 19 pandemic prevented the party from fulfilling its contractual obligation to provide access to high-profile performances and live events. In Penske Media Corp. v. Shutterstock, Inc., Index No. 652761/2024, Penske Media Corporation (PMC) and Shutterstock had entered into an agreement whereby PMC granted Shutterstock access to high-profile live events like the Academy Awards and Tony Awards ceremonies in exchange for a cut of royalties. The Covid 19 pandemic disrupted this arrangement by canceling many such events, leading to a declaration of default for failing to provide access to live events. The Court denied summary judgment on the doctrine, explaining: Read More

On April 30, 2025, Justice Joel M. Cohen granted summary judgment under CPLR 3212 and 3213 (instrument for the payment of money only), compelling payment under guaranties for a debt of non-party HYLA UK Holdco Limited (“HYLA UK”). The case is White Matter Holding Limited v. Abubaker, Index No. 653658/2023. Read More

On March 30, 2025, Justice Joel M. Cohen denied summary judgment to defendant in an action asserting claims for breach of contract and quasi-contract arising from plaintiff’s employment. The case is Owen v. Array US, Inc., Index No. 651471/2022. Read More

On April 11, 2025, in Seymour v. Hovnanian, Index No. 154579/2016, Justice Melissa A. Crane denied plaintiff’s motion for summary judgment seeking an order directing defendants (the “Hovnanians”) to immediately repair and remediate personal property damaged by repairs the Hovnanians had made to an adjoining property. Read More

On January 30, 2025, Justice Andrea Masley denied plaintiff’s motion to dismiss defendant’s counterclaim for breach of contract. Canara Bank, London Branch v. MVP Group International, Inc., Index No. 654602/2023. The Court explained: Read More

On January 30, 2025, Justice Meilssa A. Crane granted defendants’ motion to dismiss a contract claim that alleged breach through defendants’ failure to prepare a revised preliminary valuation that the contract did not require. The case is Gurney-Goldman v. Solil Management, LLC et al., Index No. 655549/2023. Read More