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Posted: January 2, 2026
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerAncient Document Exception To Hearsay Rule Applied
On November 24 2025, Justice Joel M. Cohen found that the ancient document exception applied and defeated defendants’ hearsay objection to the document at issue in Greason v. Nahmad, Index No. 650646/2014. The Court explained: Read More
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Posted: December 31, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants Sanctions For Failure To Respond to Discovery Requests But Denies Motion To Strike Defendants’ Answer
On November 18, 2025, in McWilliams v. Empire Agricultural Systems, LLC, Index No. 655727/2023, Justice Joel M. Cohen granted plaintiffs’ motion for an order awarding plaintiffs fees and costs for bringing certain discovery-related motions, but declined to strike Defendants’ answer. The Court explained: Read More
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Posted: December 29, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerFailure Of Plaintiffs To Appear At Conference Results In Dismissal
On November 11, 2025, in Penske v. National Holding Corp., Index No. 655002/2022, Justice Andrea Masley dismissed plaintiffs’ complaint due to their failure to appear at a conference. The court had granted the motion by plaintiffs’ prior counsel to be relieved in August. The Court set a conference for August 26, 2025, to confirm that the corporate plaintiff had retained counsel and whether the individual plaintiff would represent himself. The Court explained: Read More
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Posted: December 22, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants LLC Member’s Request For Appointment Of Receiver And Accounting To Investigate Alleged Improper Use Of LLC Funds
On November 10, 2025, Justice Andrew Borrok granted a request for a court-appointed receiver and for an accounting of all income and expenses of a LLC to investigate alleged improper uses of the LLC’s assets. In 176 West 87th Leasehold LLC, et al., v. Mark S. Rudd, et al., Index No. 653491/2025, the LLC in question had three individual members who jointly managed the LLC. After one of the members passed away, an estate executor took over representation of his interest in the LLC. The estate executor allegedly discovered that the other two members had been improperly using the LLC’s assets to pay for their families’ health insurance and had made a $150,000 payment without the consent of the deceased member. Because relations between the members had broken down, the executor brought a petition to dissolve the LLC and sought appointment of a receiver and an accounting. The Court granted those requests, explaining: Read More
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Posted: December 19, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneIn Action For Fiduciary Breach, Amounts Paid By Condominium To Non-Party In Settlement Of Action Where Breach Occurred Not Recoverable As Damages
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
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Posted: December 17, 2025
Written by: Joshua Wurtzel, Channing J. Turner, Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. ButtAllegations Of Coercion, Carve Out Of Claims Concerning Real Property, Do Not Warrant Denial of Motion For Summary Judgment In Lieu Of Complaint
On November 5, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint under CPLR 3213 upon a settlement agreement with confession of judgment plaintiff had entered into with defendant in a prior action. The case is D’Angelo v. Devito, Index No. 651007/2025. Read More
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Posted: December 15, 2025
Written by: Joshua Wurtzel, Jeffrey M. Eilender, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneMotion To Dismiss Claims Asserting Breach Of Letter Agreement Denied
On November 3, 2025, Justice Joel M. Cohen denied a motion to dismiss claims alleging violation of a letter agreement that the parties had agreed to work toward modifying. The case is Weinberg v. Meridian Capital Group, LLC, Index No. 653283/2025. Read More
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Posted: December 12, 2025
Segregated Account of Bermuda Reinsurance Company Lacked Capacity to Sue
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
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Posted: December 10, 2025
Failure to Strictly Comply With Conditions Precedent to Removal of General Partner Excused
On November 25, 2025, the First Department issued a decision in 242 Tenth Investors LP v. GVC 242 Tenth Sponsor, LLC, Case No. 2024-06715, reversing the motion court's determination that a limited partner's notice of removal of the general partner was invalid for failure to strictly comply with conditions precedent set forth in the limited partnership agreement and, in so reversing, excusing strict compliance, explaining: Read More
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Posted: December 5, 2025
Written by: Samuel L. Butt, Channing J. Turner, Thomas A. Kissane, Joshua Wurtzel, Jeffrey M. EilenderDraft Report Did Not Trigger Running Of Limitations Period
On November 3, 2025, Justice Joel M. Cohen denied defendants’ motion to dismiss several claims in Sirius XM Radio LLC v. Adeptus Parnters, LLC, Index No. 654079/2024. Plaintiff alleged claims of fraud, breach of contract, and negligence arising out of a royalty audit conducted by defendants. Defendants moved to dismiss the claims and the Court denied the motion. With respect to plaintiff’s negligence claim, defendants argued the claim was time-barred. The Court disagreed, explaining: Read More
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Posted: December 3, 2025
Written by: Samuel L. Butt, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Jeffrey M. EilenderCourt Grants Motion For Contempt
On October 29, 2025, in 5 Beekman Property Owner v. Henick-Lane, Inc., Index No. 657290/2019, Justice Andrew Borrok granted defendant’s motion or contempt against plaintiffs based on plaintiffs’ refusal to return $850,000 mistakenly sent to plaintiffs that the Court had, on several occasions, ordered be returned to Henick-Lane. The Court explained: Read More
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Posted: December 1, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtPartners Deviated From Statutory Default Of Equal Ownership Based On Tax Returns And Other Evidence
On October 17, 2025, in Levine v. Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Index No. 652616/2021, Justice Jennifer G. Schecter, in a Decision After Trial, rejected defendants’ contention that plaintiff had only a 25% interest in the firm. Defendants relied on Partnership Law § 40(1)’s default rule that partners “share equally in the profits and surplus remaining after all liabilities” and that an unequal agreement on the division of income does not necessarily govern the partners’ percentage equity interests. The Court disagreed, concluding plaintiff’s interest was 40.362% explaining: Read More
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Posted: November 26, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtCourt Sanctions Attorney For “Conduct Intended To Harass” And “Prevent Defendants To Obtain Discovery” During Five Fact Depositions
On October 3, 2025, Justice Melissa A. Crane granted fee-shifting sanctions after a plaintiff’s attorney engaged in behavior during depositions that included repeated speaking objections and potential coaching of witnesses. In Guggenheim Securities, LLC, v. Falcon’s Beyond Global, LLC et al., Index No. 651585/2024, defendants’ counsel had asked the plaintiff’s counsel to stop making speaking objections, prompting the parties to speak to the Court on the phone. The Court instructed plaintiff’s counsel to stop; however, plaintiff’s counsel continued with speaking objections. After reviewing several egregious examples from the transcripts where counsel’s objections appeared to coach the witnesses, the Court granted defendants’ motion for sanctions. The Court explained: Read More
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Posted: November 24, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Dismisses Claim Seeking Unpaid “Transaction Fees” Where Plaintiffs Were Unregistered Real Estate Brokers
On October 3, 2025, Justice Melissa A. Crane granted in part defendants’ motion for summary judgment after concluding that, because plaintiffs had not registered as real estate brokers, they could not seek certain fees or commissions for their work on a real estate portfolio. In CSG Re Partners, LLC, et al., v. Ian Behar, et al., Index No. 653469/2025, a written memorandum of understanding (MOA) between several “investors” governed the management and financing of a complicated portfolio of real property. The agreement provided for various incentive, financing, and transaction fees to the investor/brokers. The Court ruled that at least some of these fees violated New York Real Property Law (RLP) § 442-d by giving fees to unlicensed brokers, explaining: Read More
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Posted: November 21, 2025
Written by: Channing J. Turner, Samuel L. Butt, Thomas A. Kissane, Jeffrey M. Eilender, Joshua WurtzelPreviously-Filed Federal Actions Warrant Stay Of State Case, Not Dismissal
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
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Posted: November 19, 2025
Written by: Joshua Wurtzel, Jeffrey M. Eilender, Thomas A. Kissane, Channing J. Turner, Samuel L. ButtSummary Judgment Denied Due To Issues Of Fact Concerning Reliance/Statements About Financing
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
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Posted: November 17, 2025
Written by: Joshua Wurtzel, Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Channing J. TurnerCourt Grants Motion To Compel Corrected Production Of Documents Produced In Inaccessible Form
On October 6, 2025, Justice Andrew Borrok granted a motion to compel defendants to cure defects in their production of substantially inaccessible electronic documents. The case is Atlantic Specialty Insurance Company v. Calvano, Index No. 650912/2022. Read More
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Posted: November 7, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneIssue Of Fact Existed As To Sufficiency Of Default Notice Based On Parties’ Discussions
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
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Posted: November 5, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtDefendant’s Claim That Plaintiff Failed To Mitigate Damages Did Not Preclude Summary Judgment In Lieu of Complaint
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
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Posted: November 3, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissanePreliminary Injunction Denied Because Money Damages Do Not Establish Irreparable Harm
On October 3, 2025, in Lego Summit Co. Ltd. v. YWA-Amsterdam LLC, Index No. 654004/2025, Justice Andrea Masley denied plaintiffs’ motion for a preliminary injunction prohibiting defendants from dissipating certain funds as defined in the first-named defendant’s LLC agreement. The Court explained: Read More
