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Posted: December 23, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Grants Defendant’s Request To Condition Law Firm’s Withdrawal On Turnover Of Agreement
On November 29, 2024, Justice Joel M. Cohen granted in part the law firm Morrison Cohen LLP’s motion to withdraw as counsel but conditioned it on the turnover of an agreement reached between the firm’s client and the City of New York. In JTRE 23 WS (Del) LLC v. CS Wall Street LLC, Index No. 654992/2021, Morrison Cohen LLP moved by order to show cause to, among other things, withdraw due to unpaid legal fees. The defendant did not oppose the motion but requested that the Court condition the withdrawal on the production of an agreement in discovery. The Court granted the defendant’s request. It explained: Read More
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Posted: December 20, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerPreliminary Injunctive Relief Granted To Both Parties To California Energy Project
On October 16, 2024, Justice Andrea Masley granted preliminary injunction applications by participants in a California energy project. The decision was issued under the caption in Viracocha Wind Holdco LLC v. Ignis Energy USA LLC, 652538/2024, and was also entered in a companion action, lgnis Energy USA, LLC v. Salka Wind Development Services Viracocha LLC, Index No. 652587/2024. Read More
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Posted: December 18, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerSummary Judgment Granted Defendants, Denied Plaintiff, In Action Among Participants In Mixed-Use Real Estate Project
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
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Posted: December 16, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerStatutory Claim On Disclosure Of Ticket Prices Dismissed For Failure To State A Cause of Action
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
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Posted: December 6, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Defendants’ Motion To Dismiss In Commercial Foreclosure Action
On September 27, 2024, Justice Margaret A. Chan denied defendants’ motion to dismiss a commercial foreclosure action in Aareal Capital Corp. et al. v. 462BDWy Land, L.P. et al., Index No. 850639/2023. The defendants moved to dismiss based on defective verification and plaintiffs’ alleged lack of standing. The Court denied the motion, explaining: Read More
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Posted: December 4, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Grants Motion For Summary Judgment In Lieu Of Complaint As To Liability And Damages
On October 11, 2024, Justice Melissa A. Crane granted in part and denied plaintiff’s motion for summary judgment in lieu of complaint in Acore Capital Mortgage, LP v. Bridge Office Fund LP et al., Index No. 651484/2024. The Court concluded that plaintiff had established its prima facie case as to liability under various loan documents and associated guarantees. As to damages, the Court rejected defendants’ argument that the damages calculations were vague and unsupported. It denied plaintiff’s motion as to attorney’s fees. The Court explained: Read More
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Posted: December 2, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Grants Motion For Preliminary Injunction Barring Defendant From Acting For Company
On October 15, 2024, Justice Margaret A. Chan issued a Decision and Order in Vision Biobanc Holdings LLC v. Derek R. Taller, Index No. 651706/2024, granting Plaintiff Vision Biobanc Holdings LLC’s (the “Company” or “Vision”) motion for a preliminary injunction that, in essence, barred Defendant Taller from acting on behalf of the Company or transferring any funds of the Company. The relationship between the Company’s largest investor, Barry Saxe, and Taller had soured and Saxe and other members of the Company ultimate removed Taller from his positions as CEO and Chairperson. When he learned of his ouster, Taller allegedly undertook several actions, including attempting to transfer $550,000 from an account of the Company. The Court granted Vision’s motion for a preliminary injunction against Taller, explaining: Read More
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Posted: November 27, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Dismisses Action For Summary Judgment In Lieu Of Complaint Over “Clear And Fatal Jurisdictional Defect” In Return Date
On October 15, 2024, Justice Margaret A. Chan denied plaintiffs’ motion for summary judgment in lieu of complaint and dismissed the action after finding that the return date on the motion had occurred before the defendants’ time to respond elapsed. In Starship Holdings, LLC, et al., v. Maxben Holdings, LLC, et al., Index No. 651427/2024, the plaintiffs initially commenced an action for repayment on a loan agreement and note by summons and notice. The summons and notice were served on defendants on March 21, 2024. Plaintiffs also filed a notice of motion for summary judgment in lieu of complaint, setting a return date of April 9, 2024. As a result, the return date of the motion occurred only 19 days after service was completed on defendants—before the time either defendant was required to respond. Read More
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Posted: November 25, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerSeeking Urgent Protective Relief To Seal Court Documents Does Not Waive The Right To Later Arbitrate Dispute
On October 3, 2024, Justice Joel M. Cohen denied a motion to stay arbitration brought by an employee against his former employer, holding that the employer’s decision to seek urgent protective relief from the Court did not waive its right to arbitrate. In Jason Owen v. Array U.S. Inc., et al., Index No. 651471/2022, Jason Owen asserted claims for breach of contract in court against his employer, Array, based upon alleged wrongful termination and denial of compensation. During the briefing of a motion to dismiss in the case, Owen filed several documents on the public docket that Array moved to seal as confidential. The Court granted the sealing motion. Array then initiated a JAMS arbitration proceeding, claiming that Owen had misappropriated confidential information that had been publicly disclosed in the court filings. Owen responded by moving to permanently stay the arbitration on the ground that Array had waived its right to arbitrate. Read More
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Posted: November 22, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerMotion To Amend Largely Denied For Failure To Cure Deficiencies
On October 16, 2024, Justice Meilssa A. Crane denied a plaintiff’s motion to amend in substantial part, in a case brought by companies affiliated with the rapper 50 Cent seeking to recover for alleged misconduct by various Jim Beam liquor companies, their affiliates, or persons alleged to have participated in misconduct with them. The case is Sire Spirits, LLC v. Beam Suntory, Inc., Index No. 650799/2024. Read More
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Posted: November 20, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerSummary Judgment Motions Resolved On Tangled Claims Amongst Construction Sub-Contractors, Against Sureties, Relating to Javits Center Renovations
On September 25, 2024, Justice Nancy M. Bannon granted partial summary judgment on various claims amongst subcontractors and sub-subcontractors, and by them against sureties, relating to renovations at the Javits Center in Manhattan. The case is Interebar Fabricators LLC v C.B. Contr. Corp., Index No. 655852/2021. Read More
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Posted: November 18, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerRequests To Admit Mostly Stricken For Seeking Admission Of Disputed Facts, Ultimate Issues
On August 27, 2024, in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., Index No. 655283/2023, Justice Margaret A. Chan found all but one of a defendant’s eight Requests for Admission to be improper. Read More
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Posted: November 15, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerDefendant Liable for Tortious Interference With Contract When It Caused Plaintiff to Breach Its Own Contract With Nonparty
On October 7, 2024, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in EXRP 14 Holdings LLC v. LS-14 Ave LLC, Index No. 652698/2022, holding that a defendant may be liable for tortious interference with contract when the defendant causes the plaintiff to breach its own contract with a nonparty, explaining: Read More
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Posted: November 13, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerEmail Exchanges Insufficient to Amend Loan Documents
On October 3, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Fortress Credit Corp. v. Cohen, Index No. 651498/2024, rejecting defendant's argument that email exchanges between lender and borrower, which never resulted in a signed agreement, were sufficient to extend borrower's repayment deadline under the loan documents, explaining: Read More
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Posted: November 11, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerFee Shifting Denied When Purported Fee-Shifting Clause Lacked Clear Language Suggesting Fee Shifting in Litigation
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
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Posted: November 8, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Motion For Recusal
On September 24, 2024, Justice Andrew Borrok denied a defendant’s motion for recusal. In Freedman et al. v. Rakosi et al., Index No. 655608/2023, one of the defendant’s moved to recuse Justice Borrok on the alleged grounds that an attorney for one of the other defendants had a relationship with the Court. The Court denied the motion, explaining: Read More
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Posted: November 6, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Motion To Dismiss In Family Business Dispute
On September 26, 2024, Justice Joel M. Cohen denied defendant’s motion to dismiss. In Jobar Holding Corp. et. al. v. Halio, Index No. 655689/2017, a family business dispute, Plaintiffs alleged that the Defendant improperly diverted funds from the plaintiff Kobar Holding Corporation to herself and her family. Defendant moved to dismiss the Second Amended Complaint as barred by collateral estoppel and for failure to state a claim pursuant to CPLR § 3211(a)(5) and (7). The court denied the motion, explaining: Read More
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Posted: November 4, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Strikes Plaintiff’s Complaint And Dismisses Action For Discovery Violations
On September 30, 2024, Justice Joel M. Cohen issued a Decision and Order in Five Star Electric Corp. v. The Trustees of Columbia University et al., Index No. 655947/2018, granting Defendants’ motion to strike Plaintiff’s complaint pursuant to CPLR § 3126. The action arose from a construction project involving a new building at Columbia University. Defendants moved to strike Plaintiff’s complaint and dismiss the case based on Plaintiff’s claimed willful failure to provide discovery as ordered by the Court. The Court agreed, explaining: Read More
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Posted: October 25, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerMotion To Dismiss Quantum Meruit And Unjust Enrichment Claims Denied As To Corporation, Granted As To Its Principal
On August 23, 2024, Justice Nancy M. Bannon granted in part and denied in part a borrower’s motion to dismiss claims by a real estate capital advisory firm seeking compensation for its work in negotiating the restricting of a loan. The case is Lotus Capital Partners, LLC v.. SB Yen's Management Group, Inc., Index No. 652299/2023. Read More
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Posted: October 23, 2024
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerBench Trial Results In Award To Building Developer Against General Contractor, And Larger Award On General Contactor’s Counterclaim
On August 23, 2024, Justice Andrea Masley awarded both plaintiff and defendant partial recovery following a bench trial arising from a construction dispute, and dismissed defendant’s claim against a third party defendant/contractor. The case is KTG Hospitality, LLC v World Class Constr. Inc., Index No. 650482/2017. Read More
