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

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

On August 6, 2025, Justice Joel M. Cohen denied a defendant’s motion to vacate a default judgment based upon the jurisdictional objection of lack of service of process. In Francesco Marcello v. MK Cuisine Global LLC, et al., Index No. 654805/2022, defendant Matthew Kenney moved for an order vacating a default judgment entered against him because, among other things, he said he had never been served. However, the Court pointed to an affidavit of service stating that a process server had left the summons and complaint with a person of suitable age and discretion at Kenney’s place of business and mailed a copy pursuant to CPLR 308(2). The Court explained: Read More

On June 30, 2025, Justice Andrea Masley granted plaintiffs’ unopposed motion for entry of a default judgment against a corporate defendant that had failed to replace its withdrawn counsel, but declined to enter judgment fixing damages as plaintiffs’ proof was insufficient. The court therefore referred the damages issue to a referee for a hearing. The case is Rhythm Energy, Inc. v. V3 Capital Group, LLC, Index No. 653122/2023: Read More

On May 22, 2025, Justice Margaret A. Chan granted a motion for default judgment in an appraisal proceeding against a corporation that failed to retain new legal counsel after its prior counsel withdrew from the case. In Terence Holtz v. Myslabs, Inc., Index No. 650665/2024, the petitioner sought to fix the fair value of its former interest in the respondent, Myslabs, Inc. Myslabs initially appeared in the case represented by counsel. However, its counsel later moved to withdraw, which the Court granted. Despite a 30-day stay of proceedings, Myslabs did not obtain new counsel. This justified granting default. Read More

On January 31, 2025, Justice Joel M. Cohen granted a motion to vacate default where the defaulting party asserted that it had relied on a statement made by another party that the action had been “resolved in its favor.” In Monex Canada, Inc. v. Bank of America, N.A., et al., Index No. 655076/2023, the plaintiff, Monex Canada, Inc., obtained a default judgment against Defendant Auto Cargo International LLC. Auto Cargo moved to vacate the default, arguing that the Court lacked personal jurisdiction and that it had a reasonable excuse and meritorious defense. The Court agreed that Auto Cargo had a reasonable excuse, explaining: Read More

On December 31, 2024, Justice Andrea Masley awarded less than 15% of the amount sought by plaintiffs as the amount for defendants to pay as a condition to excusing their default. The case is Universal Investment v. Bakrie Telecom Pte, Ltd., Index No. 652890/2014. Read More

On December 20, 2024 Justice Joel Cohen granted an order of attachment against a foreign energy company under CPLR § 6205 and the Foreign Sovereign Immunities Act (“FSIA”). The case is Mistyrise International Limited v. Corporacion Electrica Nacional S.A., Index No. 655219/2021. Read More

On September 26, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Bloodhound Partners LLC v. Wearsafe Labs Holding LLC, Index No. 654718/2022, granting a motion for entry of a default judgment but denying attorneys' fees to plaintiffs on the ground that the purported fee-shifting clause on which plaintiffs relied lacked "clear language suggesting fee shifting in litigating," explaining: Read More

On December 23, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Forum Gallery Inc. v. Spirits Financial Corp., et al., Index No. 653573/2023, rejecting defendant's argument that it was not properly served, but nonetheless denying plaintiff's motion for entry of a default judgment because the delay in answering was "brief," was "not willful," and did not prejudice plaintiff, explaining: Read More

On October 24, 2023, Justice Andrea Masley, of the New York County Commercial Division issued a decision in Abad v. Iaero Group Holdco 2 LLC, Index No. 652510/2022, denying plaintiff’s request for issuance of a default judgment awarding plaintiff rescission as an award on her cause of action for fraud. The Court explained the motion must be denied because plaintiff failed to allege a claim for rescission in her complaint, because rescission cannot be awarded absent notice and the appearance of all parties to the underlying agreement, and because the affidavit relied upon for default was inadequate to support a default judgment. The court explained: Read More

On July 10, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Kaiping Hong-Ri Garment Co. Ltd. v. Goldfarb, 2023 NY Slip Op 32459(U), striking defendants' answer and entering a default judgment because of defendants' failure to comply with the court's discovery orders, explaining: Read More

In a Decision and Order, dated May 19, 2023, in McGuigan v. Gendell, Index No. 650294/2021, Justice Joel M. Cohen denied plaintiffs’ motion for a default judgment finding that plaintiffs did not sustain their burden to establish proper service under CPLR 3215(f). The Court explained: Read More

In a Decision and Order, dated January 5, 2023, in Yunjie Frank Yang v. Knights Genesis Group, Index No. 651118/2021, Justice Andrew Borrok denied Defendant’s motion to vacate a default judgment. The Court explained: Read More

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

In a Decision and Order dated April 11, 2022, in Lynx Capital Partners of NJ, LLC v. Bayes Capital LLC, 2022 NY Slip. Op. 31214(U), Justice Andrew Borrok granted the plaintiff’s renewed motion for sanctions, struck the defendant’s answer, entered default judgment in plaintiff’s favor, and awarded attorneys’ fees. Read More

On September 22, 2021, the Second Department issued a decision in 21st Mortgage Corp. v. Raghu, 197 A.D.3d 1212, holding that the notice required by C.P.L.R. 3215(g)(1) applies only to an application for entry of a default judgment and does not apply to a motion to confirm a referee's report and for judgment of foreclosure and sale. Read More

On July 7, 2021, the Second Department issued a decision in US Bank N..A. v. Davis, 2021 NY Slip Op.… Read More

On May 11, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Old Rep… Read More

On March 3, 2021, the Second Department issued a decision in Ganach v. Milloul, 2021 NY Slip Op. 012… Read More

On March 3, 2021, the Second Department issued a decision in Bank of Am., N.A. v. Sofer, 2021 NY Sli… Read More