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

On September 10, 2025, Justice Andrew Borrok denied a motion for summary judgment seeking to recover, as damages for breach of fiduciary duty, monies paid by a condominium and its insurer in settlement of a prior litigation that gave rise to plaintiffs’ fiduciary breach claim. The case is Gilbert v. Winston, Index No. 650374/2023. Read More

On October 3, 2025, Justice Melissa A. Crane found that questions of fact concerning the parties’ statements, understandings and intent required denial of defendants’ motion for summary judgment on fraud-based claims. The case is Chan v. Havemeyer Holdings LLC, Index No. 652359/2022. Read More

On March 31, 2025, Justice Margaret A. Chan granted leave for plaintiff Hassan Ragab to file an amended complaint in an action alleging that the management of defendant SHR Capital Partners LLC had taken actions in bad faith that undervalued Ragab’s equity after he was removed as SHR’s Chief Executive Officer. The case is Ragab v. SHR Capital Partners LLC, Index No. 653527/2022. Read More

On January 23, 2025, Justice Andrew Borrok granted plaintiffs summary judgment as to liability on fiduciary breach, reserving the issue of damages. Seaton v. Babad, Index No. 654196/2021. 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

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 April 12, 2024, Justice Margaret A. Chan granted plaintiff’s motion to dismiss defendants’ counterclaims for breach of contract, unjust enrichment, and breach of fiduciary duty. Defendants in Murphy v. PHG Funding LLC et al., Index No. 656158/2021, alleged counterclaims arising out a settlement with plaintiff and transactions related thereto. As to defendants’ counterclaim for breach of fiduciary duty, the Court explained: Read More

In a Decision After Trial, decided September 20, 2022, in Shatz v. Chertok, Index No. 655620/2018, 2022 NYLJ LEXIS 1635, Justice Jennifer Schecter held that the defendant managing member of an LLC did not breach his duty to the plaintiff non-managing member when he failed to present an opportunity to invest in a company known as Ripple Labs, Inc. The Court explained: Read More

On June 28, 2022, the First Department issued a decision in Gerzog v. Goldfarb, Case No. 2022-00071, holding that an accountant owes fiduciary duties to a client when it is alleged that the accountant knew of and concealed illegal acts and diversions of funds yet failed to withdraw in the face of a conflict of interest, explaining: Read More

In an Opinion, dated May 10, 2022, in Jones v. CareandWear II, Inc., 2022 N.Y. Slip. Op. 50383(U), Justice Robert R. Reed rejected defendant’s argument that plaintiff’s direct and derivative claims for breach of fiduciary duty should be dismissed for failure to adequately plead demand futility.  Read More

On February 9, 2022, in All Vision LLC v. Paduano & Weintraub LLP, Index No. 653605/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed plaintiff’s claims for legal malpractice and breach of fiduciary duty for failure of its counsel to submit a termination letter and certain financial statements in an arbitration arguing that had they been submitted, the documents would have served as a defense to the claims asserted against them or resulted in a substantially reduced award. The Court explained: Read More

On March 3, 2022, in Mehra v. Morrison Cohen LLP, 2022 NY Slip. Op. 01396, the First Department reversed the Decision and Order of Justice O. Peter Sherwood, which granted defendant’s motion to dismiss a breach of fiduciary duty claim, and the Order of Justice Robert Reed, which denied Plaintiff’s motion for leave to renew. Read More

On February 3, 2022, in Newman v. Newman, 2022 NY Slip. Op. 00731, the First Department affirmed the Decision and Order of Justice Barry R. Ostrager, denying plaintiff’s motion to dismiss plaintiff’s individual causes of actions. Read More

On June 24, 2021, the First Department issued a decision in Besen v. Farhadian, 2021 NY Slip Op. 040… Read More

On April 20, 2021, the First Department issued a decision in Bankers Conseco Life Ins. Co. v. Wilmin… Read More

On March 25, 2021, the First Department issued a decision in Wimbledon Fin. Master Fund, Ltd. v. Hal… Read More

On December 23, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More

On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More

On December 2, 2020, Justice Platkin of the Albany County Commercial Division issued a decision in R… Read More

On December 03, 2020, the First Department issued a decision in Matter of Cadus Corp. Stockholders L… Read More