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January 12, 2026
Motion For Default Judgment And Cross Motion To Dismiss Complaint As Abandoned Or For Failure Of Timely Service Denied
Written by:
Joshua Wurtzel, John Moore, Channing J. Turner, Samuel L. Butt, Thomas A. Kissane
On November 18, 2025, Justice Joel M. Cohen denied both a plaintiff’s motion for default judgment and defendant’s cross-motion which sought to dismiss the complaint as abandoned or untimely. The case is B. Riley Retail Solutions, LLC v. CA Global Partners Ltd., Index No. 651626/2024. Read More
September 27, 2024
Motion To Preclude Reports And Testimony of Experts Denied; Limitations On Trial Testimony Recognized
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On August 21, 2024, Justice Nancy M. Bannon denied defendants’ motion to preclude the reports and trial testimony of plaintiff’s experts, while imposing certain limitations on the expert’s trial testimony, in a contractual dispute concerning environmental remediation. The case is 2497 Realty Corp. v. Fuertes, Index No. 151947/2014. Read More
August 26, 2024
Motions For Redaction, Unsealing, Granted In Part, Denied In Part
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On July 11 2024, Justice Andrea Masley resolved various motions concerning the sealing or redaction of documents alleged to contain confidential business information. The case is Jaffrey v. Scaminaci, Index No. 653352/2022. Read More
March 8, 2024
Commercial Construction Dispute Kicked From Commercial Division
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On February 13, 2024, Administrative Justice Adam Silvera denied a letter application, in Island Exterior Fabricators LLC v. Tishman Construction Corp. of New York, Index No. 654788/2023, to transfer a commercial construction dispute to the Commercial Division, holding that the case did not belong in the Commercial Division, explaining: Read More
June 27, 2022
Attorney Affirmation Made Upon Information and Belief Cannot Support Motion for Default Judgment
Written by:
Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner
On May 10, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in Stanziale v. Perlson, 2022 N.Y. Slip Op. 31528(U), holding that an attorney affirmation was insufficient to support a motion for default judgment when many of the allegations in the affirmation were based on information and belief, explaining: Read More
September 22, 2021
Motion Court Erred in Considering Dismissal Motion Raised for First Time on Reply
On August 18, 2021, the Second Department issued a decision in Grocery Leasing Corp. v. P&C… Read More
April 23, 2021
That Defendant's Claims Against Third Party Claims Arise From Same Factual Circumstances as Complaint Insufficient Basis for a Third-Party Claim if the Third Party is not Alleged to be Liable for Plaintiff’s Claim Against Defendant
On April 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in J.G.… Read More
April 19, 2021
Good Faith and Fair Dealing Claim Rejected Because It Was Not Raised Until Summary Judgment
On April 13, 2021, the First Department issued a decision in Darabont v. AMC Network Entertainment L… Read More
April 8, 2021
Court Rejects Overbroad Motion to Seal Records
On March 25, 2021, Justice Reed of the New York County Commercial Division issued a decision in Cort… Read More
April 4, 2021
Single Motion Rule Bars Reassertion of Arguments in Motion to Dismiss Amended Complaint that were Made and Lost in Earlier Motion to Dismiss
On March 23, 2021, the First Department issued a decision in Simon v. FrancInvest, S.A., 2021 NY Sli… Read More
April 3, 2021
Court Dismisses Affirmative Defense That Merely Seeks to Preserve the Right Later to Assert Additional Defenses
On March 19, 2021, Justice Masley of the New York County Commercial Division issued a decision in CF… Read More
March 25, 2021
One Motion Rule Bars Parties' Second Motions for Summary Judgment
On March 19, 2021, the Fourth Department issued a decision in Magic Circle Films Intl., LLC v. Breon… Read More
March 15, 2021
Party's Claims, Which Were Inconsistent With Claims it Successfully Advanced in Different Action, Barred by Judicial Estoppel
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v.… Read More
March 11, 2021
Referee Erred in Deciding a Contested Application Without Holding a Hearing
On February 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in 52… Read More
February 23, 2021
Leave to Amend Should be Denied if Proposed Complaint Could Not Survive Motion to Dismiss
On February 5, 2021, Justice Cohen of the New York County Commercial Division issued a decision in O… Read More
February 5, 2021
Court Should Have Ordered Necessary Parties to be Added to Case Rather Than Dismissing it
On February 3, 2021, the Second Department issued a decision in Ji Juan Lin v. Bo Jin Zhu, 2021 NY S… Read More
January 14, 2021
Plaintiff Permanently Waived Right to Jury Trial By Pleading Both Legal and Equitable Claims
On December 30, 2020, the Second Department issued a decision in Fakiris v. Gusmar Enters., LLC, 202… Read More
December 10, 2020
Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
November 12, 2020
Incidental Equitable Claim Did Not Waive Right to Jury Trial
On October 27, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
