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

On May 7, 2026, in J&A Concrete Corp. v. Everest Reins. Co., Index No. 813988/25E, Justice Fidel E. Gomez granted defendants’ motion under CPLR 510 to change venue to Albany County. The Court rejected plaintiff’s argument that the project’s payment bond required that suit be brought in Bronx County. The bond’s venue provision required that any suit be brought in the “State court [of] competent jurisdiction in and for the country or other political subdivision of the State in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere.” (Emphasis added). Plaintiff argued that ‘country’ was a typographical error and should be read as ‘county.’ The Court declined to do so. The Court explained: Read More

On April 23, 2026, in Big City Outdoor, LLC v. JTRE 23 WS LLC, Index No. 530713/2023, Justice Reginald A. Boddie of the Kings County Commercial Division denied plaintiff’s motion for summary judgment and granted defendants’ cross-motion in part, reforming the parties’ 2017 advertising agreement to substitute “Lessor” for “Lessee” in the termination provision. Read More

On March 3, 2026, Justice Melissa A. Crane issued a Decision and Order in 180 Remsen LLC v. St. Francis College, Index No. 653148/2023, denying the summary judgment motion brought by three affiliated defendants (Rockrose). Plaintiff 180 Remsen LLC had entered into a Purchase and Sale Agreement (PSA) with St. Francis College to purchase its Brooklyn Heights campus for $180 million. When 180 Remsen raised a title objection and did not close on the time-of-the-essence closing date, the College terminated the PSA and sold the property to Rockrose. 180 Remsen sued Rockrose for specific performance, tortious interference with the PSA, and breach of a non-disclosure agreement (NDA) Rockrose had signed when solicited by 180 Remsen’s broker as a potential equity investor. 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 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 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 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 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 19, 2025, Justice Andrea Masley granted in part Defendants’ motion to dismiss causes of action under employment-related agreements to engage in the purchase, operation, and sale of various shipping vessels. The case is Kasselakis v. Tiptree, Inc., Index No. 653395/2024. Read More

On January 21, 2025, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Newmark & Co. Real Estate, Inc. v. Wiesner Products Inc., Index No. 651896/2024, denying defendant's motion to dismiss based on documentary evidence and holding that, contrary to defendant's argument, an email from defendant stating "Understood and will do" in response to plaintiff's purported improper termination of an exclusive-brokerage agreement was not, as a matter of law, a waiver by defendant of strict compliance with the term and termination clauses of the agreement, explaining: Read More

On December 2, 2024, Justice Andrew Borrok granted summary judgment to plaintiff in a contractual dispute seeking payment of fees for services in brokering a loan. The case is Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, Index No. 654869/2022. Read More

On October 16, 2024, Justice Andrea Masley granted preliminary injunction applications by participants in a California energy project. The decision was issued under the caption in Viracocha Wind Holdco LLC v. Ignis Energy USA LLC, 652538/2024, and was also entered in a companion action, lgnis Energy USA, LLC v. Salka Wind Development Services Viracocha LLC, Index No. 652587/2024. Read More

On October 21, 2024, Justice Joel M. Cohen granted summary judgment to defendants and denied it to plaintiff in a dispute concerning the development and operation of a mixed-use commercial and residential property at 242 10th Avenue in Manhattan. The case is 242 Tenth Investors LP v. GVC 242 Tenth Sponsor, LLC, Index No. 651242/2021. Read More

On September 25, 2024, Justice Nancy M. Bannon granted partial summary judgment on various claims amongst subcontractors and sub-subcontractors, and by them against sureties, relating to renovations at the Javits Center in Manhattan. The case is Interebar Fabricators LLC v C.B. Contr. Corp., Index No. 655852/2021. Read More

In an order dated June 4, 2024, Justice Andrew Borrok resolved various claims among limited partners in a real estate entity, granting summary judgment to each side on some claims. Melrose Associates Limited Partnership v. Floral Associates Limited Partnership, Index No. 651323/2020. Read More

On May 7, 2024, Justice Joel M. Cohen dismissed some claims, and sustained others, brought against an auction house by the seller of a Picasso painting. Read More

In The Charles Condominiums, LLC v. Victor RPM First, LLC, Index No. 657040/2019 (April 5, 2024), Justice Margaret A. Chan denied a motion for summary judgment, as to liability only, by a luxury condominium developer seeking millions of dollars from its development manager (i.e., the contractor, “Victor”) for breach of contract related to a burst pipe. Read More

On February 9, 2024, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Tromer v. PEAK6 Insurtech Holdings LLC, Index No. 653530/2023, denying summary judgment to counterclaim plaintiff on the ground that, contrary to its argument and in accordance with the parties' unit purchase agreement, counterclaim defendant had "specif[ied] in reasonable detail" its objections to the amounts set forth in counterclaim plaintiff's earnout statement, explaining: Read More

On December 30, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in U.S. Bank, N.A., v. DLJ Mortgage Capital, Inc., et al., Index No. 653140/2015, dismissing claims, brought by the trustee of an RMBS trust, alleging that defendants failed to repurchase loans in the trust following the trustee's provision of notice of breaches of representations and warranties concerning loans in the trust, explaining: Read More

On May 31, 2023, Justice Melissa Crane issued a decision in WDF, Inc. v. Dormitory Authority of the State of New York, 2023 NY Slip Op 31870(U), holding that a contractor's strict, rather than substantial, compliance with conditions precedent to payment for extra work in a public-works contract was required, explaining: Read More