On August 23, 2024, Justice Nancy M. Bannon granted in part and denied in part a borrower’s motion to dismiss claims by a real estate capital advisory firm seeking compensation for its work in negotiating the restricting of a loan. The case is Lotus Capital Partners, LLC v.. SB Yen's Management Group, Inc., Index No. 652299/2023. Read More

On May 29, 2024, Justice Melissa A. Crane granted one defendant’s motion to dismiss all claims, granted the second defendant’s motion to dismiss in part, and denied plaintiff’s motion to file a second amended complaint. Prager Metis CPAS LLC v Koenig, Index No. 652000/2023. Read More

On April 12, 2024, Justice Margaret A. Chan granted plaintiff’s motion to dismiss defendants’ counterclaims for breach of contract, unjust enrichment, and breach of fiduciary duty. Defendants in Murphy v. PHG Funding LLC et al., Index No. 656158/2021, alleged counterclaims arising out a settlement with plaintiff and transactions related thereto. As to defendants’ counterclaim for breach of fiduciary duty, the Court explained: Read More

In a Decision and Order, dated August 15, 2022, in Arel Capital Partners II LLC v. HFZ RES Portfolio Holdings LLC, Index No. 653727/2021, Justice Andrew Borrok of the New York County Commercial Division dismissed, among other claims, causes of action for unjust enrichment and constructive trust against JP Morgan Chase Bank N.A. based on repayment of a loan JPM made to parties who allegedly breached an agreement with plaintiff. The Court explained: Read More

On March 3, 2022, in Zhang Chang v. Phillips Auctioneers LLC, 2022 NY Slip. Op. 01383, the First Department affirmed an Order of Justice Jennifer G. Schecter, which granted defendant’s motion to dismiss causes of action for breach of contract and unjust enrichment.  In affirming, the First Department rejected the plaintiff’s argument that an acknowledgement of the debt was voidable because it had been signed under duress.  Read More

In a Decision and Order dated January 11, 2022, in Misamore v Godfrey, 2022 NY Slip Op 00131, the First Department unanimously and summarily affirmed that where there was no breach of contract, the other claims for breach of implied covenant of good faith and fair dealing, tortious interference, and unjust enrichment had to be dismissed. Read More

On January 5, 2022, Justice Masley of the New York County Commercial Division issued a decision in BRL Hampton Rd. LLC v. Heather, 2022 NY Slip Op 30039(U), granting plaintiff summary judgment even though it failed to conduct due diligence, was aware of the risks with a startup and was the one who had the idea to lend $1 million to defendant to get the construction project moving. The Court explained: Read More

On December 2, 2021, in Lanaras v Premium Ocean, LLC, 2021 NY Slip Op 51128(U), Justice Reed dismissed claims of fraudulent conveyance under NY DCL § 273, unjust enrichment and constructive trust against the husband of a businesswoman who allegedly misappropriated money received to start a business venture. The complaint identified the husband as a beneficiary of the allegedly fraudulent conveyances by virtue of his and his wife’s joint property holdings and joint bank accounts. Dismissing the complaint against the husband, the Court explained: Read More

On May 27, 2021, the First Department issued a decision in CIP GP 2018, LLC v. Koplewicz, 2021 NY Sl… Read More

On February 18, 2021, the First Department issued a decision in Sonenshine Partners, LLC v. Duravant… Read More

On October 22, 2020, the First Department issued a decision in ECD NY Inc. v. 616 First Ave. Dev. LL… Read More

On July 30, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in M… Read More

On April 2, 2020, the First Department issued a decision in Homapour v. Harounian, 2020 NY Slip Op. … Read More

On October 4, 2019, Justice Borrok of the New York County Commercial Division issued a decision in S… Read More

On July 27, 2019, Justice Friedman of the New York County Commercial Division issued a decision in O… Read More

On April 5, 2019, Justice Masley of the New York County Commercial Division issued a decision in Ta… Read More

On April 3, 2019, Justice Masley of the New York County Commercial Division issued a decision in Jo… Read More

On August 21, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More

On June 20, 2018, the Second Department issued a decision in Crescimanni v. Trovato, 2018 NY Slip Op… Read More

On May 9, 2018, Justice Sherwood of the New York County Commercial Division issued a decision in Pre… Read More