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

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 October 4, 2025, Justice Andrea Masley denied a motion to dismiss and granted a stay in deference to two previously-filed federal actions. The case is Comcast Cable Communications Management, LLC v. Entropic Communications, LLC, Index No. 655738/2023. Read More

On September 16, 2025, Justice Joel M. Cohen held that the voluntary dismissal of a note holder’s claim against Harvey Weinstein as guarantor warranted dismissal of a third-party complaint by Weinstein alleging fraudulent inducement. The case is AI International Holdings v. Weinstein, Index No. 656864/2017. Read More

On July 17, 2025, Justice Joel M. Cohen denied defendant’s motion to vacate the Court’s order granting plaintiffs’ motion to dismiss the Third Amended Counterclaims in JG Group Holdings LLC v. Kahlon, Index No. 6521966/2020. Defendant sought to vacate the Court’s decision, arguing that the motion was unopposed due to excusable law office failure – specifically, mis-calendaring the filing deadline. The Court explained: Read More

On July 3, 2025, Justice Andrea Masley granted, in part, Defendant Marcum, LLP’s motion to dismiss the complaint in Hyros, Inc. v. Marcum, LLP, Index No. 653718/2023. Plaintiff asserted a claim for breach of contract against Marcum based on Marcum’s resignation from the engagement prior to completion, claiming Marcum failed to provide a valid explanation as to why, in its professional judgment, the circumstances required March to resign. Marcum argued it had the right to resign at any time without limitation. The Court agreed with Marcum on this claim, explaining: 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 May 14, 2025, Justice Joel M. Cohen granted a motion to dismiss an action brought by a plaintiff who contracted to assist the defendant company with securing PPE manufactured in China that was later resold to New York City. In David Zeng v. HH Fairchild Holdings, LLC, et al., Index No. 651864/2024, the plaintiff sued for breach of contract, but the Court ruled that it lacked long-arm jurisdiction over the defendant, despite the defendant’s sale of PPE to New York City, because that sale lacked a sufficient nexus with the plaintiff’s cause of action. The Court explained: Read More

On March 31, 2025, Justice Melissa A. Crane denied defendants’ motion to dismiss plaintiff’s breach of fiduciary claims in G.O.C. Invs. Co. Inc. v. Boaz Bagbag, Index No. 650785/2024. Plaintiff claimed, in essence, that defendants fraudulently induced G.O.C. to invest millions of dollars to create two jointly owned companies but defendants improperly took funds belonging to or owed to the companies. As to the plaintiff’s breach of fiduciary duty claims, the Court explained: Read More

On April 4, 2025, Justice Joel M. Cohen ruled that a defendant seeking to dismiss claims against him on grounds of res judicata could not rely on a federal court’s summary judgment order because the order was not a “final conclusion” to the claim. In Raistone Purchasing LLC-Series XXXVII v. Gustavo Andres Patino Ocampo, et al., Index No. 654931/2024, defendant Gustavo Patino Ocampo argued that a federal court’s order on summary judgment in a federal action precluded the claim against him in state court. The Court denied his motion to dismiss, explaining: Read More

On April 11, 2025, Justice Andrea Masley granted a motion to dismiss an action brought by several lenders and lien holders on real property because their interest in the retail share of the property as collateral, even after a foreclosure and with power of attorney, did not suffice to give them standing. In Wilmington Trust, National Association, et al., v. Board of Managers 229 West 43rd Street Condominium, et al., Index No. 154811/2023, the lender plaintiffs sought a declaratory judgment declaring the allocation of expenses on façade work improper, as well as damages resulting from the allegedly improper allocation. The defendant board of managers moved to dismiss, arguing that the mere holding of promissory notes secured by a mortgage on parts of the property did not give the lenders standing to sue over expense allocation at the time it occurred, even if the lenders had since foreclosed on the collateral and secured power of attorney. The Court granted the motion to dismiss, explaining Read More

On April 1, 2025, Justice Joel M. Cohen granted plaintiff’s motion to dismiss certain counterclaims, including one for fraudulent inducement. World Host Group US, Inc. v. O’Cloud Ventures, LLC, Index No. 654128/2023. The Court explained: Read More

On January 30, 2025, Justice Andrea Masley denied plaintiff’s motion to dismiss defendant’s counterclaim for breach of contract. Canara Bank, London Branch v. MVP Group International, Inc., Index No. 654602/2023. The Court explained: Read More

On January 30, 2025, Justice Meilssa A. Crane granted defendants’ motion to dismiss a contract claim that alleged breach through defendants’ failure to prepare a revised preliminary valuation that the contract did not require. The case is Gurney-Goldman v. Solil Management, LLC et al., Index No. 655549/2023. Read More

On February 28, 2025, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Freedman v. Rakosi, Index No. 655608/2023, denying defendants' motion to dismiss plaintiffs' rescission claim, explaining: Read More

On January 23, 2025, Justice Melissa Crane granted defendants’ motion to dismiss plaintiff’s claim for unpaid commissions pursuant to New York Labor Law § 193. Lichter v. Mass. Mut. Life Ins. Co., Index No. 651558/2022. Plaintiff claimed that defendants withheld $125,000 in commissions that he was owed, in violation of New York Labor Law § 193, which “prohibits an employer from making any deduction from an employee’s wage unless permitted by law or authorized by the employees for certain purposes.” In dismissing the claim, the Court explained: 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 January 22, 2025, Justice Nancy M. Bannon issued a Decision and Order in Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, Index No. 651268/2024, granting defendant’s motion to dismiss on the grounds the action was barred by res judicata based on prior FINRA arbitrations. Plaintiff had commenced separate arbitrations against four prior employees who founded defendant PEI Global Partners Holdings LLC, and a fifth arbitration against PEI Global Partners LLC, a broker-dealer wholly owned by the defendant. Although Defendant could not be made a party to the prior arbitrations as it was not a FINRA member and had no agreement to arbitrate before FINRA, the Court explained: 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 December 3, 2024, Justice Melissa A. Crane granted defendant’s motion to dismiss in Parque Solar Don Jose S.A. de C.V. v. Enel S.P.A., Index No. 656415/2024. The action concerned an effort to enforce a guaranty plaintiff and defendant entered into in connection with the construction of renewable energy plants in Mexico. The guaranty provided that it would expire at the end of a “Defects Notification Period” of 21 months from another defined date. The Court explained: Read More

On October 16, 2024, Justice Margaret A. Chan granted a music venue’s motion to dismiss a customer’s complaint alleging violation of a state statute concerning disclosure of ticket prices. The case is Frias v. City Winery New York, LLC, Index No. 651284/2024. Read More