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

You searched for: "Summary Judgment"

Search Results

October 6, 2021 Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
September 29, 2021 Summary Judgment for Mechanic's Lien Inappropriate Where Defendant Failed to Account for All Items Listed in Lien Statement
On September 15, 2021, the Second Department issued a decision in J&M Indus., Inc. v Red Apple 1… Read More
September 27, 2021 Conflicting Expert Opinions Sufficient to Defeat Summary Judgment in Medical Malpractice Case
On May 2, 2019,  Justice Jamieson of the Westchester County Commercial Division issued a decision i… Read More
December 10, 2020 Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 9, 2020 Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
October 22, 2020 Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 28, 2020 Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
July 9, 2020 Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
May 16, 2020 Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 9, 2020 Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
September 9, 2019 Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 2, 2019 Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
January 15, 2019 Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 4, 2019 Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 14, 2018 Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint
On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consulta… Read More
September 19, 2018 Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
August 30, 2018 Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2018 Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
August 11, 2018 Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
July 31, 2018 Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
May 23, 2018 Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
May 15, 2018 Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
March 25, 2018 Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
February 11, 2018 Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element
On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
January 7, 2018 Summary Judgment Denied; Affidavit that Contradicts a Contemporaneous Document is Not a Sham Affidavit
On January 2, 2018, the First Department issued a decision in Kärst v. W.P. Carey Inc., 2018 NY Sli… Read More
November 30, 2017 Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
October 27, 2017 Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
October 13, 2017 Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
August 1, 2017 Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
February 17, 2017 Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
September 23, 2016 If Defendant Fails to Make Prima Facie Case, Court Need Not Consider Plaintiff's Opposition
On September 14, 2016, the Second Department issued a decision in Katz v. Beil, 2016 NY Slip Op. 059… Read More
September 19, 2016 Promissory Note's Reference to Sales Contracts Does Not Defeat Summary Judgment
On September 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in K… Read More
June 26, 2016 Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
May 29, 2016 Summary Judgment Motion Denied Because Made Before Joinder of Issue
On May 24, 2016, the First Department issued a decision in Stone Column Trading House Ltd. v. Beogra… Read More
March 12, 2016 Refusal to Testify at Deposition Under Fifth Amendment Not Necessarily Fatal to Defense
On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More
February 1, 2016 Affidavit Contradicting Prior Testimony Insufficient to Create a Question of Fact
On January 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in La… Read More
November 22, 2015 Summary Judgment in Lieu of Complaint Reversed Because of Question of Fact Regarding Forgery
On November 18, 2015, the Second Department issued a decision in Kitovas v. Megaris, 2015 NY Slip Op… Read More
June 16, 2015 Guaranty Precluding Defenses Dooms Defense to Motion for Summary Judgment in Lieu of Complaint
On June 9, 2015, the Court of Appeals issued a decision in Cooperatieve Centrale Raiffeisen-Boerenle… Read More
May 21, 2015 Breach of Contract Inextricably Intertwined With Promissory Note Sufficient to Defeat Motion for Summary Judgment in Lieu of Complaint on the Note
On May 13, 2015, the Second Department issued a decision in Montecalvo v. Cat E., LLC, 2015 NY Slip … Read More
March 31, 2015 Motion In limine Denied as Belated Motion for Summary Judgment
On March 12, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 27, 2015 Malpractice Defendants Seeking Summary Judgment Must Show that Plaintiff Cannot Prove its Claim
On March 18, 2015, the Second Department issued a decision in Smith v. Kaplan Belsky Ross Bartell, L… Read More
September 28, 2014 Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
September 5, 2014 Attorney Affidavit Admitted in Support of Motion for Summary Judgment
On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 26, 2014 Court Grants Summary Judgment Even Though Defendants Sought More Discovery
On August 15, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Fl… Read More
July 12, 2014 Claims Dismissed for Failure to Present Evidence of Proximate Causation
On June 30, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in M… Read More
July 3, 2014 Summary Judgment In Lieu of Complaint Available Even When There Are Conditions Beyond Failure to Pay
On June 19, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 28, 2014 Court Should Have Decided Motion for Summary Judgment Even Though Filed More Than 120 days After the Note of Issue
On June 25, 2014, the Second Department issued a decision in Shao v. Cao, 2014 NY Slip Op. 04733, r… Read More
June 24, 2014 Summary Judgment Granted Despite Request for More Discovery
On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More
June 1, 2014 Motion for Summary Judgment in Lieu of Complaint Denied Because Right to Payment Not Ascertainable from Document
On May 20, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Go… Read More
May 5, 2014 Evidence Inadmissible Under Dead Man's Statute Admissible In Opposition to Summary Judgment
On March 31, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Peck… Read More
February 11, 2014 Breach of Contract With Which Promissory Note Was Inextricably Intertwined Creates Defense to Payment of the Note
On January 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Z… Read More
January 3, 2014 Employee Promissory Notes to be Repaid from Earnings Not Amenable to Summary Judgment in Lieu of Complaint
On December 24, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 26, 2013 Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surg… Read More
November 5, 2013 Courts Continue to Wrestle with Standard for Reasonable Reliance in Commercial Contexts
On October 31, 2013, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More