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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
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Posted: November 3, 2025
Written by: Jeffrey M. Eilender, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Samuel L. ButtCourt Declines To Vacate Decision Granting Summary Judgment In Lieu Of Complaint Or Stay Entry Of Judgment Based On Alleged Defects In Service And Attorney Representation
On July 9, 2025, Justice Andrea Masley rejected several defendants’ arguments that defects in service of process and ineffective attorney representation warranted vacating the Court’s order granting summary judgment in lieu of complaint or staying entry of a judgment. In MF1 2022-FL9 LLC v. Shmuel Haikins, et al., Index No. 654647/2023, defendants had failed to appear in response to the lawsuit and the Court had granted judgment to plaintiff. Defendants then appeared and moved to vacate the Court’s order and stay entry of judgment on the basis that service had not been effective, as to one party, and counsel had failed to appear as instructed, as to another. The Court rejected these arguments, explaining: Read More
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Posted: October 29, 2025
Written by: Jeffrey M. Eilender, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Samuel L. ButtIn Construction Case, The Failure To Properly Replace OFAC-Sanctioned Managers of Development Companies May Have Breached Implied Covenant Of Good Faith And Fair Dealing In Operating Agreements
On September 16, 2015, Justice Joel M. Cohen denied the portion of owner and developer defendants’ motion for summary judgment against a claim brought by minority members on the theory that the developers had not properly replaced the managers of the development companies when the original managers were sanctioned by the U.S. Department of Treasury Office of Foreign Assets Control (“OFAC”). In D&V Realty LLC, et al., v. Mikahil Vasilyevich Klyukin, et al., Index No. 656782/2022, Mikhail Klyukin beneficially owned various managers of the development companies. However, when OFAC sanctioned Klyukin in February 2022, these entities became OFAC-blocked entities by operation of law. The managers were replaced. However, plaintiffs claimed that the replacements were also owned by Klyukin, which caused more problems, and a failure to timely appoint appropriate replacement managers caused them harm. The Court upheld plaintiffs’ claim on a theory of breach of the implied covenant of good faith and fair dealing in the operating agreements. The Court explained: Read More
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Posted: October 27, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtCourt Grants Summary Judgment In Lieu Of Complaint Against Loan Guarantor Despite A Pending Foreclosure Action Against The Primary Borrower
On September 12, 2025, Justice Melissa A. Crane granted a plaintiff’s motion for accelerated summary judgment in lieu of complaint against the guarantor on a loan even though a separate action to foreclose against the primary debtor remained pending. In JPMDB 2018-C8 Constitution Plaza, LLC v. Aaron Berger, Index No. 651312/2025, the borrower defaulted on the loan and subsequently filed for bankruptcy. The plaintiff (who had been assigned the loan documents by the original lender) sued the individual guarantor on the loan in New York and initiated a foreclosure action on collateral in Connecticut. The court granted judgment to the plaintiff notwithstanding the ongoing foreclosure proceeding, explaining: Read More
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Posted: October 24, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneCourt Grants Summary Judgment To Landlord On Breach Of Lease But Denies Consequential Damages
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
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Posted: October 22, 2025
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneLender’s Dismissal Of Claims Against Guarantor Requires Dismissal Of Guarantor’s Related Third-Party Fraudulent Inducement Claim
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
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Posted: October 20, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Channing J. Turner, Joshua Wurtzel, Samuel L. ButtSummary Judgment In Lieu of Complaint Proper Despite Plaintiff’s Failure To Specify Exact Amount Due
On September 16, 2025, in Waam Yieldco LLC v. Frank, Index No. 653371/2025, Justice Andrew Borrok found that plaintiff’s failure to specify the exact amount due did not prevent entry of summary judgment under CPLR 3213. Read More
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Posted: October 10, 2025
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua Wurtzel, Jeffrey M. EilenderCourt Dismisses Counterclaim For Breach Of Contract After Trial For Lack Of Damages
On September 4, 2025, Justice Melissa A. Crane dismissed defendant’s counterclaim for breach of contract in Denenberg v. SDK Heiberger LLP, Index No. 655118/2021. The Court explained: Read More
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Posted: October 8, 2025
Written by: Jeffrey M. Eilender, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Samuel L. ButtCourt Denies Motions For Summary Judgment In Derivative Action
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
