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Posted: August 11, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Motion For Attorneys’ Fees
On July 3, 2025, Justice Joel M. Cohen denied movants’ motion for attorneys’ fees in ARC NYWWPJV001, LLC v. WWP JV LLC, Index No. 654977/2022. The Court explained: Read More
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Posted: August 8, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Defaults Corporation In Appraisal Proceeding For Failure To Hire New Legal Counsel After Prior Counsel’s Withdrawal
On May 22, 2025, Justice Margaret A. Chan granted a motion for default judgment in an appraisal proceeding against a corporation that failed to retain new legal counsel after its prior counsel withdrew from the case. In Terence Holtz v. Myslabs, Inc., Index No. 650665/2024, the petitioner sought to fix the fair value of its former interest in the respondent, Myslabs, Inc. Myslabs initially appeared in the case represented by counsel. However, its counsel later moved to withdraw, which the Court granted. Despite a 30-day stay of proceedings, Myslabs did not obtain new counsel. This justified granting default. Read More
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Posted: August 6, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerStatutory Amendment Overturning Prior Case Law That Occurred While Action Was Pending Justified Granting Motion For Renewal Of Argument
On May 19, 2025, Justice Margaret Chan granted plaintiffs’ motion to renew argument for summary judgment based on a statutory amendment that overturned prior case law during the case. In Berton Rose, et al., v. Gazivoda 118 LLC, Index No. 152051/2020, the plaintiffs brought an action for rent overcharge and moved for summary judgment based on a claim of fraud. The Court denied them summary judgment based, in part, upon its interpretation of whether their fraud claim met a statutory exception in the Housing Stability and Tenant Protection Act of 2019. About a year later, plaintiffs moved to renew their motion based on an amendment to statutory law that changed the standard for evaluating their fraud claim. Read More
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Posted: August 4, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Holds Party In Contempt For Breach Of A Permanent Injunction And An Agreement Settling A Prior Case
On May 19, 2025, Justice Andrew Borrok granted motions for a preliminary injunction and to hold a party in contempt based on the breach of an agreement and permanent injunction settling a prior civil case. In Go New York Tours Inc. d/b/a Topview Sightseeing v. Vector Media, LLC, Index No. 151029/2025, the parties had settled a previous dispute concerning advertising rights on vehicles driven in New York City by entering an agreement and consenting to a permanent injunction. Vector Media accused Go New York Tours Inc. (“GONY”) of breaching their agreement and the injunction. Read More
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Posted: August 1, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerPlaintiff-Contractor Awarded Intended Contract Rate After Bench Trial, No “Prevailing Party” For Purposes of Fee Shifting Provision
On June 23, 2025, Justice Melissa A. Crane issued a decision following a bench trial, awarding a contractor the rate intended by the parties rather than a rate that was the product of mutual mistake, and finding that neither party was entitled to invoke the contract’s fee-shifting provision. The case is Titan Constr. Servs., LLC v Board of Mgrs. of PS 90 Condominium, Index No. Index No. 652243/2021. Read More
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Posted: July 30, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerMotion To Vacate Civil Arrest Warrant Granted, Damages For Contempt Referred For Hearing
On June 29, 2025, Justice Andrea Masley granted a contemnor’s motion to vacate a civil arrest warrant and set the damages caused by contemnor’s late compliance down for hearing. The case is Satterfield v. VStock Transfer, LLC, Index No. 650311/2019. Read More
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Posted: July 28, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerAttorney Fee Application Granted in Part
On June 20, 2025, Justice Joel M. Cohen granted in part prevailing defendants’ application for contractual attorneys’ fees and costs. The case is Nicklaus Cos., LLC v. GBI Invs., Inc., Index No. 656284/2022. Read More
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Posted: July 25, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerFalse Statements That Manager Was Taking Kickbacks Constituted Defamation Per Se
On June 18, 2025, Justice Andrew Borrok of the New York County Commercial Division issued a post-trial decision in IGC 444 Park LLC v. 444 PAS Restaurant Associates LLC, Index No. 656304/2020, holding one of the defendants, David Moinian, liable for defamation based on a statement that defendant made accusing plaintiff, the food-and-beverage manager of the Mondrian Park Avenue Hotel, of taking kickbacks, explaining: Read More
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Posted: July 23, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerSchulte Roth Not Entitled to Rent Abatement During Pandemic
On July 9, 2025, following a bench trial, Justice Andrea Masley of the New York County Commercial Division dismissed a lawsuit brought by Schulte Roth & Zabel LLP against its landlord, rejecting Schulte Roth's claim that a rent-abatement provision in its lease entitled it to an abatement as a result of the COVID-19 pandemic. Read More
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Posted: July 18, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerProduction Of Documents Pursuant To LLC Law § 1102 Created Issue Of Fact As To Whether Production Cured Violations
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
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Posted: July 16, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Grants Motion For Service By Email
On June 18, 2025, Justice Joel M. Cohen granted Plaintiff’s motion for an extension of time to complete service of process under the Hague Convention and granted leave to serve Defendants by email in Society Pass Incorporated v. Xperx AI PTE Ltd d/b/a GrowthHero et al., Index No. 652442/2023. As to email service, the Court explained: Read More
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Posted: July 14, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Declines To Rely On Expert Opinion Where Contract Is Unambiguous
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
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Posted: July 11, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerClaim For Tortious Interference With Agreement Cannot Be Maintained Where A Plaintiff Acknowledged The Defendant And The Contractual Counterparty Had A Pre-Existing Relationship
On June 12, 2025, Justice Margaret A. Chan dismissed a claim for tortious interference with a agreement based on an acknowledged pre-existing relationship between the defendant and the contractual counterparty. In Oppenheimer & Co., Inc. v. Vivani Medical Inc., et al., Index No. 650421/2024, Oppenheimer & Co. entered into an agreement with Vivani Medical Inc. to locate an investor and fund a proposed merger. That merger fell through when Vivani Medical allegedly found a better deal through the services of ThinkEquity LLC. Oppenheimer sued both Vivani Medical and ThinkEquity on claims that included tortious interference with an agreement by ThinkEquity. Read More
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Posted: July 9, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Rules That Promissory Note’s References To An Operating Agreement And Attorneys’ Fees Do Not Prevent Summary Judgment In Lieu Of Complaint
On June 13, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint, overruling a defendant’s arguments that references in the note to other agreements and payment of fees of an unspecified amount disallowed the expedited procedures of CPLR 3213. In BLT Fund 9 Dayton’s LLC v. 601 Minnesota Investor LLC, Index No. 650483/2024, the plaintiff moved for summary judgment in lieu of complaint under CPLR 3213 after the defendant failed to repay a promissory note with interest. Plaintiff contended the expedited procedures in CPLR 3213 were appropriate because the promissory note was “an instrument for the payment of money only.” Read More
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Posted: July 7, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerSummary Judgment Granted Against Enforcement Of Overbroad Non-Compete Agreement
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
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Posted: July 2, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. Turner Motion To Dismiss Granted In Part Based On Forum Selection Clause And Duplicative Nature Of Quasi-Contract Claims
On May 19, 2025, Justice Andrea Masley granted in part Defendants’ motion to dismiss causes of action under employment-related agreements to engage in the purchase, operation, and sale of various shipping vessels. The case is Kasselakis v. Tiptree, Inc., Index No. 653395/2024. Read More
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Posted: June 30, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerAttorney Fees Application Denied For Lack of Substantiation
On May 15, 2025, Justice Joel M. Cohen denied a prevailing plaintiff’s application for attorney’s fees and costs, without prejudice, for lack of substantiation. The case is CLNC 2019-FL1 Funding, LLC v. Bennett, Index No. 651851/2023. Read More
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Posted: June 23, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerAdministrative Board of Courts Seeking Public Comment on Proposed New Rule Concerning Use of Virtual-Evidence Courtrooms
The Administrative Board of Courts is seeking public comment on a proposal recommended by the Commercial Division Advisory Council to amend the Rules of the Commercial Division by adding a new Rule 25-a related to the use of the virtual-evidence courtroom ("VEC"), which is a secure, web-based digital platform that centralizes trial exhibits, evidence, and case files, making them accessible to the court and counsel. Read More
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Posted: June 20, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerArgument About Course Of Performance Defeats Motion For Summary Judgment In Lieu Of Complaint
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
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Posted: June 18, 2025
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Post-Trial Motion To Set Aside Jury’s Verdict
On May 14, 2025, Justice Joel M. Cohen denied Defendant’s motion to set aside the jury’s verdict or for a new trial in Iken v. Bohemian Brethren Presbyterian Church, Index No. 654614/2017. The Court explained: Read More
