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

On November 6, 2025, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Mobility Seller Representative LLC v. AMTrust Financial Services, Inc., Index No. 652780/2022, dismissing without prejudice a complaint because of the plaintiff's lack of capacity to sue under Bermuda law, explaining: Read More

On April 12, 2024, Justice Margaret A. Chan denied defendant’s motion to dismiss plaintiff’s complaint based on documentary evidence, lack of standing/capacity to sue, and for failure to state a claim. In Alternative Global Six, LLC v. Durham Homes, LLC, Index No. 653837, plaintiff alleged a single cause of action for breach of contract based on defendant’s failure to repay loans and interest in the amount of $7,277,969. As to the lack of standing and capacity to sue, Justice Chan explained: Read More

On December 12, 2023, Justice Barry R. Ostrager of the New York County Commercial Division issued a decision in South Beach Tristar 800 LLC v. Lincoln Arts ERFR LLC, Index No. 654461/2023, holding that a plaintiff foreign limited liability company doing, but not licensed to do, business in New York lacked legal capacity to sue, but nonetheless denying defendant's motion to dismiss on the condition that plaintiff promptly register to do business in New York, explaining: Read More

In a Decision, dated March 30, 2023, in MLRN LLC v. U.S. Bank, NA, 2023 NY Slip Op 01748, the First Department, among other things, (1) reversed the lower court’s denial of defendant’s motion to dismiss causes of action for certain breaches holding that the court should not have found that the claims accrued in New York and were timely under New York’s six-year statute of limitations and (2) reversed the lower court’s granting of plaintiff’s motion for summary judgment finding that court should have applied New York’s choice of law. The Court explained: Read More

In a Decision and Order, dated March 1, 2023, in IKB Int’l S.A. v. Morgan Stanley, Index No. 653964/2012, Justice Melissa Crane granted in part and denied in part Morgan Stanley’s motion for summary judgment.  Schlam Stone & Dolan LLP represents Plaintiffs in this action.  Morgan Stanley argued, inter alia, that the assignment of claims to IKB AG was champertous.  The Court rejected this argument, explaining:  Read More

In a Decision and Order on Motion, dated March 7, 2023, in Finitive LLC v. Pattelli, Index No. 155024/2022, Justice Barry R. Ostrager granted in part and denied in part Defendants’ motion to dismiss. In denying that portion of Defendants’ motion to dismiss which argued that Plaintiffs, including Private Brokers LLC (“PB”), lacked standing, the Court explained: Read More

On October 13, 2022, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Park Royal I LLC v. HSBC Bank USA, N.A., 2022 N.Y. Slip Op. 33501(U), denying defendant's motion for leave to reargue and declining to dismiss a suit brought by a plaintiff that lacked standing at the time of suit on the ground that plaintiff later cured this standing defect, explaining: Read More

On January 11, 2022, in Artemus USA LLC v Leila Taghinia-Milani Inc., 2022 NY Slip Op 00115, the First Department, inter alia, affirmed the denial of defendants’ motion to dismiss the breach of contract claim brought by the owner of artwork who was not a party to the consignment agreement for lack of standing. Read More

On November 26, 2021, in Epstein v Epstein Teicher Philanthropies, 2021 NY Slip Op 32460(U), Justice Masley held that co-successor executors of an estate that bequeathed money to a charitable organization had standing to sue the nonprofit and its directors for failure to obey the charity’s purpose by donating money to Ohio rather than NY based institutions. The Court explained: Read More

On August 26, 2021, the First Department issued a decision in FGP 1, LLC v Dubrovsky, 2021 NY Slip O… Read More

On March 30, 2021, Justice Platkin of the Albany County Commercial Division issued a decision in Kea… Read More

On October 22, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More

On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More

On November 21, 2019, Justice Friedman of the New York County Commercial Division issued a decision … Read More

On March 7, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Fra… Read More

On February 28, 2019, the First Department issued a decision in Rizack v. Signature Bank, N.A., 2019… Read More

On February 14, 2019, the Court of Appeals issued a decision in Arrowhead Capital Fin., Ltd. v. Chey… Read More

On October 9, 2018, the First Department issued a decision in Royal Park Invs. SA/NV v. Morgan Stanl… Read More

On September 20, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More

On October 2, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Ma… Read More