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

On December 23, 2025, in Truist Equipment Finance Corp. v. Tebele, Index No. 653557/2025, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint. Defendant argued that the Guaranty at issue was not an instrument for payment of money only because plaintiff and defendant entered into a forbearance agreement. The Court rejected this argument, explaining: Read More

On November 21, 2025, Justice Andrew Borrok granted a plaintiff lender summary judgment, finding that defendant failed to raise any triable issue concerning its obligations under certain promissory notes. The case is Mendon Ventures Banktech Fund I LP v. Equitus Corporation, Index No. 654629/2024. Read More

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 October 10, 2025, Justice Andrea Masley denied plaintiff’s motion for partial summary judgment on its claim for wrongful termination in Pizzarotti, LLC v. FPG Maiden Lane, LLC, Index No. 651697/2019. The action arose from a construction project on Maiden Lane in New York City. Pizzarotti asserted that its termination from the construction project was wrongful because it was not provided with a meaningful opportunity to cure. The Court explained: Read More

On October 3, 2025, in Phillips Auctioneers LLC v. Mimran, Index No. 653994/2025, Justice Melissa A. Crane granted plaintiff’s motion for summary judgment in lieu of complaint. Plaintiff and defendant entered into a third-party guarantee pertaining to a Jackson Pollock work pursuant to which defendant was required to purchase the work for $14.5 million if certain conditions of sale were not met.. The conditions of sale were not met and Mimran failed to pay for the work. The Court explained: Read More

On September 10, 2025, Justice Andrea Masley granted summary judgment to the plaintiff landlord on liability, and awarded attorneys’ fees under a lease, while granting summary judgment to defendant tenants to the extent of striking the landlord’s claim for consequential damages. The case is 1101-43 Ave Acquisition LLC v. Sonder Hospitality USA Inc., Index No. 653840/2020. Read More

On September 9, 2025, in 111 West 57th Investment LLC v. 111 W57 Mezz Investor LLC, Index No. 655031/2017, Justice Joel M. Cohen denied defendant’s motion for summary judgment and also denied plaintiff’s motion for partial summary judgment as to liability. The Court explained: Read More

On July 23, 2025, Justice Joel M. Cohen denied a motion for summary judgment premised on defendant’s argument that plaintiff had failed to exhaust its administrative remedies. The case is 249 E. 62 St., LLC vs. Rafael Vinoly Architects, P.C., Index No. 655469/2020. Read More

On June 30, 2025, Justice Margaret A. Chan denied both parties’ motions for summary judgment regarding claims that defendants failed to provide records to which plaintiffs were entitled pursuant to Limited Liability Company Law § 1102 and the parties’ operating agreement in Tillis v. ZAR Realty NY LLC, Index No. 651939/2024. The Court explained: Read More

On June 15, 2025, Justice Andrea Masley granted Plaintiff’s motion for partial summary judgment and denied defendant’s motion to amend to file a second amended answer with counterclaim, concluding, as part of the Court’s analysis, that she could not rely on defendant’s expert opinion in A-US GAL 1, L.P.. v. National Air Cargo Group, Inc., Index No. 655890/2023. The Court explained: Read More

On May 13, 2025, Justice Melissa A. Crane granted summary judgment to Steven Koenig, an accountant sued for alleged breaches of a non-compete agreement by his former employer, Prager Metis CPAs LLC (“Prager”). The case is Prager Metis CPAs LLC v. Koenig, Index No. 652000/2023. Read More

On May 22, 2025, Justice Joel M. Cohen denied plaintiff’s motion for summary judgment in lieu of complaint in FG International Group Inc. v. FIDIA Capital, LLC et ano., Index No. 650073/2025. Although plaintiff had made a prima facie case, defendants raised disputed issue of fact as to whether they had defaulted. The Court explained: Read More

On June 6, 2025, Justice Joel M. Cohen granted Plaintiff’s motion for leave to file a belated summary judgment motion in J.T. Magen & Company Inc. v. Nissan North America, Inc. et al., Index No. 160497/2017. The Court explained: Read More

On April 26, 2025, Justice Andrea Masley granted summary judgment to plaintiff banks on claims against certain borrowers, and denied relief as to peripheral defendants against whom no claims were asserted. The case is Shanghai Commercial Bank Ltd. v. New Tent, LLC, Index No. 850240/2024. Read More

On April 30, 2025, Justice Joel M. Cohen granted summary judgment under CPLR 3212 and 3213 (instrument for the payment of money only), compelling payment under guaranties for a debt of non-party HYLA UK Holdco Limited (“HYLA UK”). The case is White Matter Holding Limited v. Abubaker, Index No. 653658/2023. Read More

On April 28, 2025, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment against the borrower and guarantor in PFNGT LLC v. Liquid Capital LLC, Index No. 654595/2024. The Court explained: Read More

On March 30, 2025, Justice Joel M. Cohen denied summary judgment to defendant in an action asserting claims for breach of contract and quasi-contract arising from plaintiff’s employment. The case is Owen v. Array US, Inc., Index No. 651471/2022. Read More

On April 11, 2025, in Seymour v. Hovnanian, Index No. 154579/2016, Justice Melissa A. Crane denied plaintiff’s motion for summary judgment seeking an order directing defendants (the “Hovnanians”) to immediately repair and remediate personal property damaged by repairs the Hovnanians had made to an adjoining property. 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