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

On December 27, 2025, Justice Andrea Masley granted the Sureties’ motion for summary judgment dismissing the counterclaim and third-party claim for breach of a performance bond in Pizzarotti, LLC v. FPG Maiden Lane, LLC, Index No. 651679/2019. The Court explained: Read More

On December 23, 2025, in Truist Equipment Finance Corp. v. Tebele, Index No. 653557/2025, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint. Defendant argued that the Guaranty at issue was not an instrument for payment of money only because plaintiff and defendant entered into a forbearance agreement. The Court rejected this argument, explaining: Read More

On November 24, 2025, in Bapaz NYC W. 46 St Group LLC v. Assa Props, Inc., Index No. 652456/2018, Justice Andrew Borrok denied defendants’ motion to disqualify plaintiff’s attorney. The Court explained: Read More

On November 24 2025, Justice Joel M. Cohen found that the ancient document exception applied and defeated defendants’ hearsay objection to the document at issue in Greason v. Nahmad, Index No. 650646/2014. The Court explained: Read More

On November 18, 2025, in McWilliams v. Empire Agricultural Systems, LLC, Index No. 655727/2023, Justice Joel M. Cohen granted plaintiffs’ motion for an order awarding plaintiffs fees and costs for bringing certain discovery-related motions, but declined to strike Defendants’ answer. The Court explained: Read More

On November 11, 2025, in Penske v. National Holding Corp., Index No. 655002/2022, Justice Andrea Masley dismissed plaintiffs’ complaint due to their failure to appear at a conference. The court had granted the motion by plaintiffs’ prior counsel to be relieved in August. The Court set a conference for August 26, 2025, to confirm that the corporate plaintiff had retained counsel and whether the individual plaintiff would represent himself. The Court explained: Read More

On November 3, 2025, Justice Joel M. Cohen denied defendants’ motion to dismiss several claims in Sirius XM Radio LLC v. Adeptus Parnters, LLC, Index No. 654079/2024. Plaintiff alleged claims of fraud, breach of contract, and negligence arising out of a royalty audit conducted by defendants. Defendants moved to dismiss the claims and the Court denied the motion. With respect to plaintiff’s negligence claim, defendants argued the claim was time-barred. The Court disagreed, explaining: Read More

On October 29, 2025, in 5 Beekman Property Owner v. Henick-Lane, Inc., Index No. 657290/2019, Justice Andrew Borrok granted defendant’s motion or contempt against plaintiffs based on plaintiffs’ refusal to return $850,000 mistakenly sent to plaintiffs that the Court had, on several occasions, ordered be returned to Henick-Lane. The Court explained: Read More

On October 17, 2025, in Levine v. Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Index No. 652616/2021, Justice Jennifer G. Schecter, in a Decision After Trial, rejected defendants’ contention that plaintiff had only a 25% interest in the firm. Defendants relied on Partnership Law § 40(1)’s default rule that partners “share equally in the profits and surplus remaining after all liabilities” and that an unequal agreement on the division of income does not necessarily govern the partners’ percentage equity interests. The Court disagreed, concluding plaintiff’s interest was 40.362% explaining: Read More

On October 10, 2025, Justice Andrea Masley denied plaintiff’s motion for partial summary judgment on its claim for wrongful termination in Pizzarotti, LLC v. FPG Maiden Lane, LLC, Index No. 651697/2019. The action arose from a construction project on Maiden Lane in New York City. Pizzarotti asserted that its termination from the construction project was wrongful because it was not provided with a meaningful opportunity to cure. The Court explained: 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 October 3, 2025, in Lego Summit Co. Ltd. v. YWA-Amsterdam LLC, Index No. 654004/2025, Justice Andrea Masley denied plaintiffs’ motion for a preliminary injunction prohibiting defendants from dissipating certain funds as defined in the first-named defendant’s LLC agreement. The Court explained: 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

By Administrative Order, dated September 30, 2025, Commercial Division Rule 25-a was added to the Commercial Division Rules, effective November 10, 2025. The new rule, relating to Virtual Evidence Courtrooms, reads as follows: Read More

On July 30, 2025, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Finkelstein v. U.S. Bank, National Association, as Trustee, et al., Index No. 651317/2023, dismissing plaintiff's claim that it was underpaid by the servicer on the ground that, under the no-action clause in the pooling and servicing agreement (PSA), plaintiff failed to first demand that the trustee bring suit and also failed to adequately allege that demand would have been futile, explaining: Read More

On July 17, 2025, Justice Joel M. Cohen denied defendant’s motion to vacate the Court’s order granting plaintiffs’ motion to dismiss the Third Amended Counterclaims in JG Group Holdings LLC v. Kahlon, Index No. 6521966/2020. Defendant sought to vacate the Court’s decision, arguing that the motion was unopposed due to excusable law office failure – specifically, mis-calendaring the filing deadline. The Court explained: Read More

On August 1, 2025, in Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, Index No. 654869/2022, Justice Andrew Borrok denied the motion of non-parties to vacate restraining notices served by the Judgment Creditor Plaintiff so the non-parties could pay lawyers and operate the Defendant’s business but not pay their own loan down or otherwise facilitate a foreclosure sale. The Court explained: Read More

On August 4, 2025, Justice Andrew Borrok required defendant to withdraw all claims filed in Philadelphia that arose out of the License Agreement at issue or be held in contempt in Orphion Therapeutics, Inc. v. The Children’s Hospital of Philadelphia et al., Index No. 655222/2024. The Court explained: Read More

On July 1, 2025, Justice Joel M. Cohen determined that Defendant purged himself of criminal contempt in Valley National Bank v. Tarzan Cab Corp., Index No. 655249/2020. In March, the Court granted plaintiff’s motion for civil contempt and provisionally granted the motion for criminal contempt against Defendant Sami Itshaik. The Court provided Defendant leave to purge himself of criminal contempt by making a filing that complied with the Court’s prior order. In concluding Itshaik had purged the criminal contempt, the Court explained: Read More