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July 22, 2024
Bankruptcy Order Benefiting Borrower Does Not Affect Guarantor's Obligations
On May 30, 2024, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Harlem Multifamily LLC v. Reifer, Index No. 850009/2020, holding that a bankruptcy-court order that inured to the borrower's benefit did not relieve the non-debtor guarantor of his separate obligations under two guaranties, explaining: Read More
May 29, 2024
Bankruptcy Filing, Which Was Later Dismissed, Did Not Excuse Buyer Under Loan Sale Agreement From "Time of the Essence" Requirement to Close
On April 12, 2024, Justice Margaret Chan of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 39-05 29th St Hotel, LLC, et al., Index No. 654401/2023, denying a motion to dismiss brought by the defendant-buyer under a Loan Sale Agreement for breach of this agreement and rejecting the defendant-buyer's argument that its bankruptcy filing, which was later dismissed, waived the plaintiff-seller's right to demand a time-of-the-essence closing, explaining: Read More
February 10, 2023
Lack of Jurisdiction, Rulings Concerning ‘Crime of Violence’
Written by:
Samuel L. Butt,
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Rachel P. Kovner granted a motion to dismiss for lack of subject matter jurisdiction because claims were not brought under the Administrative Procedures Act (APA). Read More
January 13, 2023
Warrant Execution, Vaccine Mandate, Restitution Obligation
Written by:
Thomas A. Kissane, John Moore
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Edward R. Korman granted a defendant’s motion to suppress his confession. Read More
January 9, 2023
Proof of Borrower's Bankruptcy Filing Permitted on Motion for Summary Judgment in Lieu of Complaint Against Guarantor
On December 29, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in ATX Braker LLC v. Paul, 2022 N.Y. Slip Op. 34427(U), granting a lender's motion for summary judgment in lieu of complaint on a guaranty that was triggered when the borrower filed for bankruptcy, explaining: Read More
December 9, 2022
Sentence Reductions, Suppression Motion, Special Liquor Permit
Written by:
Richard H. Dolan, Harvey M. Stone
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Read More
November 10, 2022
Securities Act Claims, Vehicle Seizures, Plea Waiver
Written by:
Richard H. Dolan, Harvey M. Stone
This column reports on several significant representative decisions handed down recently in the U.S.… Read More
October 14, 2022
Pre-Trial Motions, Failure To State Claims, ‘No Surprises Act’ Challenge
Written by:
Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District … Read More
August 12, 2022
Anonymous Jury, Lack of Standing, 'Give Up' Transaction
Written by:
Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District … Read More
June 10, 2022
COVID Release and Motion to Vacate Denied, Permission to Amend Reversed
Written by:
Harvey M. Stone, Richard H. Dolan
This column reports on several recent and significant representative decisions by the U.S. District Court for the Eastern District of New York. Read More
December 3, 2020
Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors
On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 20… Read More
March 10, 2018
Court Denies Stay Despite Necessary Party Being Bankrupt
On February 6, 2018, Justice Kornreich of the New York County Commercial Division issued a decision … Read More
February 14, 2017
Client Q&A: A Customer That Went Bankrupt Is Suing to Recover Payments It Made to Me; What Can I Do?
A customer that went bankrupt is suing to recover payments it made to me. What can I do?
By John M.… Read More
October 31, 2016
In Pari Delicto Defense Can Be Asserted Against Bankruptcy Trustee
On October 18, 2016, the First Department issued a decision in New Greenwich Litigation Trustee, LLC… Read More
June 12, 2016
State Court Can Determine Dischargeability of Debt Not Scheduled in Bankruptcy Case
On May 31, 2016, Justice Ostrager of the New York County Commercial Division issued a decision in Gl… Read More
June 10, 2016
State Court Has Power to Extend Bankruptcy Stay to Non-Bankrupt Party
On May 25, 2016, Justice Singh of the New York County Commercial Division issued a decision in Deuts… Read More
May 17, 2016
Client Q&A: The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do?
The Person Who Cheated Me Just Filed For Bankruptcy. Is This Legal? What Can I Do?
By Niall D. O  Read More
July 13, 2015
Client Q & A: One of my customers just went bankrupt. Does that mean it does not have to pay off its account?
One of my customers just went bankrupt. Does that mean it does not have to pay off its account?
By … Read More
November 30, 2014
Court Declines to Stay Action in Favor of Pending Bankruptcy
On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More