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

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October 20, 2021 Prior Decision in Minnesota Court Against Borrower Precluded Guarantor From Raising Issue in New York
On September 30, 2021, the First Department issued a decision in Gamma Lending Omega LLC v. Kaminski… Read More
April 12, 2021 Waiver of Defenses in Guaranty Prevented Guarantor From Asserting Affirmative Defenses to Guaranty's Enforcement
On March 31, 2021, the Second Department issued a decision in Capital One Taxi Medallion Fin. v. JEB… Read More
April 2, 2021 Court Grants Summary Judgment In Lieu of Complaint Based on Settlement Agreement
On March 17, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Wi… Read More
March 16, 2021 That LLC Was Not Formed When it Was Assigned Note Did Not Cause it to Lack Standing to Enforce Note
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 … Read More
March 12, 2021 Acknowledgement of Debt Can Be Valid Even if it Contains Ambiguities
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, … Read More
January 4, 2021 Lien Recorded Under Debtor's Correct Surname Valid Even Though First Name Was Incorrect
On December 23, 2020, The Appellate Division, Second Department issued a decision in Myrtle 684, LLC… Read More
May 15, 2020 Accounts Receivable are Tangible Assets
On May 1, 2020, the Fourth Department issued a decision in Violet Realty, Inc. v. Amigone, Sanchez &… Read More
April 25, 2020 Failure to Serve Judgment Debtor Dooms Creditor's Attempts to Collect
On April 10, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Ka… Read More
January 28, 2020 Garnishee Liable for Transfer of Restrained Funds
On January 22, 2020, the Second Department issued a decision in Matter of Bravado Intl. Group Mercha… Read More
January 7, 2020 Judgment Creditor Did Not Create Lien on Debtor's Property Because Debtor's Name Was Misspelled
On December 18, 2019, the Second Department issued a decision in Matter of Fischer v. Chabbott, 2019… Read More
January 5, 2020 Foreign Judgment Takes Precedence over Settlement Agreement That the Judgment Enforced
On December 24, 2019, the Second Department issued a decision in Bernardo v. Ramos, 2019 NY Slip Op.… Read More
November 9, 2019 Court Finds High Burden for Appointing Receiver Met
On October 23, 2019, Justice Borrok of the New York County Commercial Division issued a decision in … Read More
November 3, 2018 Court Appoints Receiver Over Judgment Debtor's Property
On October 15, 2018, Justice Schecter of the New York County Commercial Division issued a decision i… Read More
October 17, 2018 Levy Can Be Extended if Motion to Extend is Made Before its Original Expiration Date
On September 28, 2018, Justice Sherwood of the New York County Commercial Division issued a decision… Read More
October 9, 2018 Levy Does Not Expire After 90 Days if a Special Proceeding is Commenced Before the 90 Days Has Run
On September 21, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More
April 10, 2018 Court Cannot Consider Affirmative Defenses in Deciding Judgment by Default for Non-Appearance
On April 4, 2018, the Second Department issued a decision in Power Up Lending Group, Ltd. v. Cardina… Read More
February 6, 2018 Court Enters Judgment Enforcing Foreign Judgment
On January 30, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
January 1, 2018 Allegations of Badges of Fraud Sufficient to Support Actual Fraudulent Conveyance Claim
On December 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision… Read More
November 23, 2017 If a Debtor Controls Funds Escrowed to Pay Specific Creditors, Those Funds Are Subject to Other Creditors' Claims
On November 15, 2017, the Second Department issued a decision in Freedman v. Hason, 2017 NY Slip Op.… Read More
May 7, 2017 Even if Statutory Basis for Attachment Met, Must be Showing Judgment Will Not Be Paid
On April 21, 2017, Justice Friedman of the New York County Commercial Division issued a decision in … Read More
April 1, 2017 Acquiror of Judgment Debtor's Assets Not Liable as Debtor's Successor
On March 20, 2017, Justice Oing of the New York County Commercial Division issued a decision in Kolo… Read More
March 4, 2017 Motion to Correct Judgment Cannot be Used to Litigate New Issues
On February 15, 2017, Justice Ramos of the New York County Commercial Division issued a decision in … Read More
February 13, 2017 Court Finds Service of Information Subpoena/Restraining Notice on Party's Counsel Adequate
On February 3, 2017, Justice Singh of the New York County Commercial Division issued a decision in D… Read More
August 28, 2016 An Interested Person May be Allowed to Intervene in Special Proceeding to Recover Debt
On August 19, 2016, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More
March 22, 2016 Court Should Have Allowed Estranged Wife to Intervene in Turn-Over Action Against Husband
On March 15, 2016, the First Department issued a decision in Pensmore Investments, LLC v. Gruppo, Le… Read More
January 14, 2016 Court Recognizes Claim for Tortious Interference with Enforcement of a Judgment
On December 29, 2015, the First Department issued a decision in Priestley v. Panmedix Inc., 2015 NY … Read More
January 3, 2016 When There is No Verdict, Report or Decision Made, Interest Calculated From Date of Judgment
On December 29, 2015, the First Department issued a decision in Lee v. Riverhead Bay Motors, 2015 NY… Read More
November 30, 2015 Court Grants Attachment in Support of Collection of Foreign Judgment
On November 17, 2015, Justice DeStefano of the Nassau County Commercial division issued a decision i… Read More
September 12, 2015 Judgment Debtor Bound By Information on Original Tax Returns, Not Later-Amended Returns
On August 31, 2015, Justice Singh of the New York County Commercial Division issued a decision in Ma… Read More
September 3, 2015 Foreign Judgments Enforced Absent Fraud or Violation of New York Public Policy
On August 26, 2015, the Second Department issued a decision in Basile v. CAI Master Allocation Fund,… Read More
August 15, 2015 CPLR 5223 Allows Broad Range of Inquiry for Post-Judgment Discovery
On August 3, 2015, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More
April 27, 2015 Corporate Officers Who Repaid Loans to Themselves Instead of Paying Creditors Liable for Fraudulent Conveyance
On April 16, 2015, the First Department issued a decision in Holme v. Global Minerals & Metals C… Read More
April 24, 2015 Plaintiff Entitled to Summary Judgment on Fraudulent Conveyance Claim
On April 15, 2015, the Second Department issued a decision in Akodes v. Pyatetsky, 2015 NY Slip Op. … Read More
February 27, 2015 Acquiror of Corporate Assets Liable for Corporation's Torts Under De Facto Merger Doctrine
On December 22, 2014, Justice Walker of the 8th Judicial District Commercial Division issued a decis… Read More
February 19, 2015 Decision Illustrates How Foreign Documents Create Procedural Stumbling Blocks
On January 2, 2015, Justice Grays of the Queens County Commercial Division issued a decision in Smar… Read More
February 15, 2015 Second Department Addresses Standard to Determine Dispute Over Property Subject to Post-Judgment Collection
On February 11, 2015, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2015 N… Read More
January 3, 2015 Guarantor of Corporation’s Performance of Covenants Under Contract Bound By Corporation’s Consent To Jurisdiction In New York
On December 31, 2014, the Second Department issued a decision in Professional Merchant Advance Capit… Read More
December 17, 2014 Court of Appeals Grants Leave To Appeal In Case Involving Guarantor’s Liability When Amount Due Under a Note Is Modified By Agreement
On December 16, 2014, the Court of Appeals granted leave to appeal in PAF-PAR LLC v. Silberberg, 201… Read More
November 9, 2014 Separate Entity Rule Prevents Garnishment of Assets in Foreign Bank Through its New York Branch
On October 23, 2014, the Court of Appeals issued a decision in Motorola Credit Corp. v. Standard Cha… Read More
August 19, 2014 Judgment Creditor’s Attempt to Compel Turnover of Israeli Bank Account Denied due to Lack of Jurisdiction, 'Separate Entity' Rule
On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More
July 21, 2014 Court Examines Scope of Claim for Fraudulent Conveyance
On July 7, 2014, Justice Ramos of the New York County Commercial Division issued a decision in 135 E… Read More
May 30, 2014 Lack of Personal Jurisdiction not a Defense to Domestication of a Foreign Judgment
On May 27, 2014, the First Department entered a decision in Abu Dhabi Commercial Bank PJSC v. Saad T… Read More
February 25, 2014 Foreign Default Judgment Enforceable in New York Even if the Foreign Court Did Not Have Personal Jurisdiction over Defendant Where Defendant Consented to Jurisdiction
On February 25, 2014, the Court of Appeals issued a decision in Landauer Ltd. v. Joe Monani Fish Co… Read More
January 18, 2014 Second Circuit Asks Court of Appeals to Clarify Application of "Separate Entity Rule" to Post-Judgment Enforcement Proceedings
On January 14, 2014, in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., a… Read More
November 29, 2013 Final Judgments Subject to Discretionary Review Under CPLR 5015
On October 7, 2013, we noted that on October 9, 2013, the Court of Appeals would hear argument in Na… Read More
November 26, 2013 No Private Right of Action Against Banks Under the Exempt Income Protection Act
On October 26, 2013, we noted that on October 15, 2013, the Court of Appeals had heard argument in C… Read More