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

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 28, 2026, in Engel v. International Bus. Machs. Corp., Index. No. 654556/2020, Justice Andrea Masley granted plaintiff’s motion for class certification. Having previously concluded that numerosity, commonality, typicality and superiority were established, the court addressed adequacy of representation. The Court explained: Read More

On March 24, 2026, in 1411 Bushwick Ave. NDB LLC v. Bracha, Index No. 655425/2025, Justice Joel M. Cohen denied plaintiff’s motion for summary judgment in lieu of complaint as defendants raised issues as to standing. The Court explained: Read More

On March 24, 2026, in Aladyshev v. Starta Capital Mgt. II LLC, Index No. 659208/2025, Justice Andrew Borrok granted plaintiff’s motion for a preliminary injunction. The action arose out of the alleged management and operation of Starta Capital Hybrid SPC Fund II Ltd. Specifically, the plaintiff-investors in the fund alleged that defendants exercised control over the Fund and its assets while failing to provide required financial disclosures and diverting or otherwise mishandling investor assets. The plaintiff-investors sought a preliminary injunction enjoining the Defendants from taking any corporate actions on behalf of the Fund, the Flagship SP Fund, the Coinvestment SP Fund, or Starta Capital Management II LLC, including dissolution, and freezing the Defendants’ (except Serge Milman) bank, brokerage, and custodial accounts to prevent further dissipation of assets. In granting the motion, the Court explained: Read More

On March 3, 2026, Justice Joel Cohen granted summary judgment, in part, against a commercial landlord and vacated the landlord’s notice of default to its tenant on the basis that the notice had incorrectly identified the rent commencement date. In JTRE 23 WS (Del) LLC v. CS Wall Street LLC, Index No. 654992/2021, a landlord moved for partial summary judgment and requested that a Yellowstone injunction granted to its tenant be vacated, while the tenant cross-moved. The landlord had issued a notice of default against its tenant due to, among other things, failure to pay rent beginning from a contractual rent commencement date. The tenant argued that, under the lease, the rent commencement date occurred thirty days after disbursement of certain downpayment funds, and the landlord had misidentified that date. Although there were many other disputes between the parties, some of which remained live, the Court found in favor of the tenant on this issue, explaining: Read More

On March 2, 2026, in Haruvi v. Hungerford, Index. No. 651033/2022, Justice Andrew Borrok granted plaintiff’s motion to compel production of documents based on defendant’s improper withholding of documents as privileged without basis to do so. The Court explained: Read More

On March 2, 2026, in Idi v. Sela, Index No. 651527/2022, Justice Andrew Borrok denied defendant’s motion in limine to preclude his wife from testifying. The Court explained: Read More

On February 24, 2026, in A Participations Ltd. v. Velissaris, Index No. 652720/2023, Justice Melissa A. Crane found plaintiffs’ fraud/fraudulent inducement claim lacking in several respects and dismissed it. With respect to impermissible group pleading, the Court explained: Read More

On January 15, 2026, in Epstein v. Epstein Teicher Philanthropies, Index. No. 654417/2020, Justice Andrea Masley granted plaintiffs’ motion for summary judgment declaring that Vincent McGree is a member of the foundation at issue. The Court explained: Read More

On January 5, 2026, in Bank of India, N.Y. Branch v. Anaya Gems, Inc., Index No. 655240/2018, Justice Andrea Masley dismissed plaintiffs’ RICO claims. The Court explained: Read More

On January 7, 2026, in ERI/SNL 2015 Holdings LLC v. SNL Development Group LLC, Index No. 653695/2023 Justice Andrea Masley granted plaintiffs’ motion to amend the complaint to assert alter ego claims against a defendant. The Court explained: Read More

On January 9, 2026, Justice Andrea Masley granted, in part, a motion for summary judgment seeking dismissal of claims for breach of an employment agreement and the implied covenant of good faith and fair dealing based on arguments that notice should have been given upon termination of the agreement. In Michel Botbol v. Frosch International Travel, Inc., et al., Index No. 652006/2020, the plaintiff sought damages for unpaid salary in accordance with an employment agreement, while the defendants argued that the agreement had been terminated in accordance with its terms and the plaintiff had then been fired. Although it found disputes of fact concerning the breach of contract claim, the Court granted summary judgment dismissing the plaintiff’s claim for breach of the implied covenant of good faith and fair dealing. The Court explained: Read More

On December 10, 2025, Justice Melissa A. Crane granted in part and denied in part a cooperative apartment’s motion for a preliminary injunction against certain activities of a private social club operated by defendant 451 Washington St. Leaseco LLC, d/b/a Maxwells Social (“Maxwell”). The case is Washington B.C. Studio Corp. v. 451 Washington St. Leaseco LLC, Index No. 659374/2025. Read More

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