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

On November 25, 2025, the First Department issued a decision in 242 Tenth Investors LP v. GVC 242 Tenth Sponsor, LLC, Case No. 2024-06715, reversing the motion court's determination that a limited partner's notice of removal of the general partner was invalid for failure to strictly comply with conditions precedent set forth in the limited partnership agreement and, in so reversing, excusing strict compliance, explaining: Read More

On September 16, 2025, in Waam Yieldco LLC v. Frank, Index No. 653371/2025, Justice Andrew Borrok found that plaintiff’s failure to specify the exact amount due did not prevent entry of summary judgment under CPLR 3213. Read More

On July 9, 2025, following a bench trial, Justice Andrea Masley of the New York County Commercial Division dismissed a lawsuit brought by Schulte Roth & Zabel LLP against its landlord, rejecting Schulte Roth's claim that a rent-abatement provision in its lease entitled it to an abatement as a result of the COVID-19 pandemic. Read More

On June 12, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with a agreement based on an acknowledged pre-existing relationship between the defendant and the contractual counterparty. In Oppenheimer & Co., Inc. v. Vivani Medical Inc., et al., Index No. 650421/2024, Oppenheimer & Co. entered into an agreement with Vivani Medical Inc. to locate an investor and fund a proposed merger. That merger fell through when Vivani Medical allegedly found a better deal through the services of ThinkEquity LLC. Oppenheimer sued both Vivani Medical and ThinkEquity on claims that included tortious interference with an agreement by ThinkEquity. Read More

On April 26, 2025, Justice Andrea Masley granted summary judgment to plaintiff banks on claims against certain borrowers, and denied relief as to peripheral defendants against whom no claims were asserted. The case is Shanghai Commercial Bank Ltd. v. New Tent, LLC, Index No. 850240/2024. Read More

On December 4, 2024, Justice Joel M. Cohen granted a third-party defendant’s motion to dismiss claims against it brought by the sponsor of a Manhattan real estate development. The case is Board of Managers of the 443 Greenwich Street Condominium v. SGN 443 Greenwich Street Owner LLC, Index No. 656934/2021 Read More

On August 23, 2024, Justice Andrea Masley awarded both plaintiff and defendant partial recovery following a bench trial arising from a construction dispute, and dismissed defendant’s claim against a third party defendant/contractor. The case is KTG Hospitality, LLC v World Class Constr. Inc., Index No. 650482/2017. Read More

On August 21, 2024, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Tandym Group, LLC v. Mission Staffing Inc., Index No. 655839/2023, granting defendants' motion to dismiss claims for breach of a purported nonsolicitation and confidentiality agreement on the grounds that (i) plaintiff was not a party to the purported agreement, and (ii) plaintiff failed to allege "which, if any, clients were purportedly solicited or interfered with by defendants," or "what, if any, confidential information was misappropriated," explaining: Read More

In a Decision and Order, dated October 25, 2023, in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, Index No. 653941/2022, Justice Margaret A. Chan granted plaintiff’s motion for reargument and, upon reargument, denied defendant’s motion to dismiss. The case concerned plaintiff’s claim for legal malpractice in connection with services rendered by defendants while negotiating the terms of a subordinated debt agreement. The Court had previously granted defendants’ motion to dismiss due to failure to allege causation or damages. However, upon reargument, the Court explained: Read More

In a Decision and Order, dated October 11, 2023, in BT Supplies West, Inc. v. Brookline, LLC., Index No. 651364/2023, Justice Margaret A. Chan denied defendant’s motion to dismiss plaintiff’s breach of contract and account stated claims. (Schlam Stone & Dolan LLP represents the plaintiff in this action). Defendant argued that plaintiff’s claims should be dismissed because they were previously decided in an arbitration and thus res judicata or collateral estoppel applied. The court rejected defendant’s position, explaining: Read More

In a Decision and Order, dated September 6, 2023, in Oneonta Athletic Corporation d/b/a Norwich Sea Unicorns v. Detroit Tigers, Inc. et ano., Index No. 651080/2022, Justice Barry Ostrager denied Defendants’ motion for summary judgment on plaintiff’s sole remaining claim, for tortious interference with contract, arising out of the decision by Major League Baseball to reduce the number of minor league terms from 160 to 120. The Court explained: 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

On May 23, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in GalaxE.Healthcare Sols., Inc. v. RxSense, LLC, 2023 N.Y. Misc. LEXIS 2568. The Court denied the plaintiff’s motion for summary judgment, finding that the plaintiff’s claim was contradicted by the parties’ prior course of dealing and the express terms of the parties’ agreement. The Court explained: Read More

In a decision dated May 2, 2023, in BBM3, LLC v. James Vosotas, Index No. 652015/21, First Department Case Nos. 2022-01935 and 2023-00050, the Appellate Division, First Department affirmed the decision by the Motion Court, Andrew Borrok, J., granting plaintiff’s motion pursuant to CPLR 3212 for summary judgment in lieu of complaint. The First Department explained: Read More

On April 5, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in National Union Fire Insurance Company of Pittsburgh, P.A. Ace American Insurance Company, Index No. 653702/2020. The Court granted Plaintiff National Union’s motion for leave to amend its complaint “to change its claim from breach of the duty good faith and fair dealing under New York law to equitable subrogation under Georgia law.” The Court held that the motion should be granted as the defendant showed no prejudice or surprise from the proposed amendment. The Court explained: Read More

On March 27, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in GFK US MRI, LLC v. LHK Partners, Inc., 2023 NY Slip Op 30969(U), confirming an arbitral award over an objection that the arbitration panel violated public policy, relied on a force majeure clause not addressed by the parties, and effectively rewrote the parties' force majeure clause, explaining: Read More

On February 14, 2023, Justice Margaret Chan of the New York County Commercial Division issued a decision in Pacific Premier Bank v. HNI, LLC, 2023 N.Y. LEXIS 647, confirming the report and recommendation of Special Referee Jeremy R. Feinberg awarding plaintiff nearly $1 million in attorneys’ fees and costs incurred in the litigation pursuant to a contractual provision. The Court explained: Read More

On February 23, 2023, Justice Andrew Borrok issued a decision in Citibank, N.A. v. N/A, 2-23 NY Slip Op 30559(U), holding that a party to a contract (Party B) does not breach that contract when a different party (Party A), which is obligated to perform "on behalf of" the former party (Party B), fails to perform, explaining: Read More

On December 19, 2022, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in IBT Media, Inc. v. Pragad, 2022 NYLJ LEXIS 2665, dismissing claims based on an alleged side oral agreement to reconvey an asset after that asset was sold because the asset purchase agreement expressly disclaimed a repurchase right and included a merger clause, explaining: Read More

On December 22, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in J.P. Morgan Ventures Energy Corp. v. Miami Wind I LLC, 2022 NYLJ LEXIS 2667, denying the plaintiff's motion for summary judgment in a contract suit on the ground that, while the defendants had the burden of proving their force-majeure defense, the plaintiff failed to show as a matter of law that defendants' performance was "possible," explaining: Read More