- Posted: March 16, 2026 / Commercial Division Blog
Court Declines To Find Disclosure Of A “Clients/Prospects” List Is An Automatic Breach Of Confidentiality Agreement Between Company And Its Ex-President
On January 9, 2026, Justice Andrea Masley denied a motion brought by a company against its former president seeking summary judgment for breach of an employment agreement that contained confidentiality clauses despite evidence that the ex-president had passed lists of accounts and “clients/prospects” to potential new employers. In Frosch International Travel, Inc. v. Michel Botbol, Index No. 653071, the Court acknowledged several e-mails in which the ex-president passed lists of accounts and clients to two potential employers, and it noted that the lists did appear to contain at least some of the company’s customers. However, the Court found that questions of material fact still existed as to whether the information in the lists was truly confidential company information. It explained: Read More
- Posted: March 13, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneAffidavit From Employee Of Sister Company With Personal Knowledge Sufficient To Show Damages At Inquest
On December 28, 2025, Justice Melissa A. Crane granted plaintiff $45,906,293.43 in damages and $188,471.06 in fees and costs following an inquest. The case is Deutsche Bank AG, v. Rosenfeld, Index No. 659459/2024. Read More
- Posted: March 11, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneBroader Loan Agreement And Assignment Do Not Preclude Summary Judgment In Lieu Of Complaint
On January 5, 2026, Justice Joel M. Cohen granted summary judgment in lieu of complaint under CPLR 3213. The case is TSLA Capitals, S.A.P.I. De C.V. v. ATL Funds, LLC, Index No. 654262/2025. Read More
- Posted: March 9, 2026 / Commercial Division Blog
Written by: Thomas A. Kissane, Joshua Wurtzel, Channing J. Turner, Samuel L. ButtMotion To Disqualify Counsel Denied For Lack Of Standing And On Merits
On January 6, 2026, Justice Jennifer G. Schecter denied defendant’s motion to disqualify plaintiffs’ counsel. The case is 630 West 52nd LLC v. Fresh Inventory Services, LLC, Index No. 654862/2024. Read More
- Posted: February 27, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelCourt Grants Summary Judgment Finding That Plaintiff Is Member Of Foundation
On January 15, 2026, in Epstein v. Epstein Teicher Philanthropies, Index. No. 654417/2020, Justice Andrea Masley granted plaintiffs’ motion for summary judgment declaring that Vincent McGree is a member of the foundation at issue. The Court explained: Read More
- Posted: February 25, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtRICO Claim Dismissed
On January 5, 2026, in Bank of India, N.Y. Branch v. Anaya Gems, Inc., Index No. 655240/2018, Justice Andrea Masley dismissed plaintiffs’ RICO claims. The Court explained: Read More
- Posted: February 23, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneCourt Grants Motion To Amend To Allege Alter Ego Liability
On January 7, 2026, in ERI/SNL 2015 Holdings LLC v. SNL Development Group LLC, Index No. 653695/2023 Justice Andrea Masley granted plaintiffs’ motion to amend the complaint to assert alter ego claims against a defendant. The Court explained: Read More
- Posted: February 20, 2026 / Commercial Division Blog
Court Declines To Imply A Notice Requirement Before A Contract Could Be Terminated In The Implied Covenant Of Good Faith And Fair Dealing
On January 9, 2026, Justice Andrea Masley granted, in part, a motion for summary judgment seeking dismissal of claims for breach of an employment agreement and the implied covenant of good faith and fair dealing based on arguments that notice should have been given upon termination of the agreement. In Michel Botbol v. Frosch International Travel, Inc., et al., Index No. 652006/2020, the plaintiff sought damages for unpaid salary in accordance with an employment agreement, while the defendants argued that the agreement had been terminated in accordance with its terms and the plaintiff had then been fired. Although it found disputes of fact concerning the breach of contract claim, the Court granted summary judgment dismissing the plaintiff’s claim for breach of the implied covenant of good faith and fair dealing. The Court explained: Read More
- Posted: February 18, 2026 / Commercial Division Blog
Court Finds Faithless Servant Defense Precludes Executive From Recovering Equity Grants Under Warrant Agreement
On February 5, 2026, Justice Joel M. Cohen issued a decision after non-jury trial that found, among other things, that an executive’s “effective abandonment” of his responsibilities to the company breached an employment agreement and gave rise to an “independent faithless servant defense” that precluded him from recovering equity grants. In Thomas O’Connor, et al., v. Society Pass Incorporated, Index No. 656938/2019, the plaintiff entered into an employment agreement to serve as Chief Marketing Officer, a role that included responsibility for securing additional investments and clients for the company. After falling out with the company’s then-CEO, plaintiff took unauthorized, months-long vacations and disparaged the CEO to potential investors. Read More
- Posted: February 13, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneLimited Liability Company That Listed Unaffiliated Non-Party As Service Agent In Articles Of Organization Dissolved And Enjoined From Further Fraudulent Or Illegal Acts
On November 19, 2025, Justice Joel M. Cohen granted the New York Attorney General’s motion under Executive Law sec. 63(12) to dissolve a New York Limited Liability Company and enjoin it from continuing any fraudulent or illegal acts, including but not limited to maintaining fraudulent Articles of Organization. The case is People Of The State Of New York, By Letitia James, Attorney General Of The State Of New York v. The Source Of Wisdom LLC, Index No. 452917/2025. Read More
- Posted: February 11, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Thomas A. Kissane, Channing J. Turner, Joshua WurtzelMotion To Dismiss Denied As To Contract Claim, Granted As To Quantum Meruit
On November 24, 2025, Justice Andrew Borrok sustained plaintiff’s claim for breach of contract, while dismissing its claim for quantum meruit as duplicative. The case is Torreya Partners LLC v. Sandoz Inc., Index No. 653040/2025. Read More
- Posted: February 9, 2026 / Commercial Division Blog
Preliminary Injunction Against Private Social Club Granted In Part, Denied In Part
On December 10, 2025, Justice Melissa A. Crane granted in part and denied in part a cooperative apartment’s motion for a preliminary injunction against certain activities of a private social club operated by defendant 451 Washington St. Leaseco LLC, d/b/a Maxwells Social (“Maxwell”). The case is Washington B.C. Studio Corp. v. 451 Washington St. Leaseco LLC, Index No. 659374/2025. Read More
- Posted: February 4, 2026 / Commercial Division Blog
Mezz Lender's Requirement That Bidders at U.C.C. Foreclosure Auction Be "Qualified Transferees" Not Commercially Unreasonable
On January 27, 2026, Justice Andrea Masley of the New York County Commercial Division issued a decision in WWP Mezz, LLC v. WWP Mezz Investment Co. LLC, Index No, 650135/2026, denying a mezz borrower's motion for a preliminary injunction enjoining a U.C.C. foreclosure sale of the mezz borrower's ownership interest in the fee owner of Worldwide Plaza. One of the arguments the borrower made was that the requirements to be a "Qualified Bidder" were too onerous, since those requirements--which came from the definition of "Qualified Transferee" in the intercreditor agreement entered into between the mortgage and mezz lenders--were agreed upon when the underlying property was worth much more than it was at the time of the foreclosure. But Justice Masley rejected this argument, explaining: Read More
- Posted: January 30, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Thomas A. Kissane, Channing J. Turner, Samuel L. ButtPerformance Bond Is Null And Void Because Obligee’s Action Deprived Surety Of Ability To Protect Itself
On December 27, 2025, Justice Andrea Masley granted the Sureties’ motion for summary judgment dismissing the counterclaim and third-party claim for breach of a performance bond in Pizzarotti, LLC v. FPG Maiden Lane, LLC, Index No. 651679/2019. The Court explained: Read More
- Posted: January 28, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneForbearance Agreement Did Not Transform Guaranty Into An Instrument Outside The Scope Of CPLR 3213
On December 23, 2025, in Truist Equipment Finance Corp. v. Tebele, Index No. 653557/2025, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint. Defendant argued that the Guaranty at issue was not an instrument for payment of money only because plaintiff and defendant entered into a forbearance agreement. The Court rejected this argument, explaining: Read More
- Posted: January 26, 2026 / Commercial Division Blog
Written by: Samuel L. Butt, Joshua Wurtzel, Channing J. Turner, Thomas A. KissaneCourt Denies Motion To Disqualify Counsel
On November 24, 2025, in Bapaz NYC W. 46 St Group LLC v. Assa Props, Inc., Index No. 652456/2018, Justice Andrew Borrok denied defendants’ motion to disqualify plaintiff’s attorney. The Court explained: Read More
- Posted: January 16, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtApplication To Enjoin Arbitration Denied, 30 Day Stay Granted
On October 6, 2025, Justice Andrea Masley denied a preliminary injunction sought by plaintiff Nigel John Eccles, who sought to prevent defendants from proceeding with an arbitration they had commenced against him. The case is Eccles v. Shamrock Capital Advisors, LLC, Index No. 651223/2020 Read More
- Posted: January 14, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneSummary Judgment Granted Where Defendant Failed To Raise Triable Issues Regarding Its Obligation Under Promissory Notes
On November 21, 2025, Justice Andrew Borrok granted a plaintiff lender summary judgment, finding that defendant failed to raise any triable issue concerning its obligations under certain promissory notes. The case is Mendon Ventures Banktech Fund I LP v. Equitus Corporation, Index No. 654629/2024. Read More
- Posted: January 12, 2026 / Commercial Division Blog
Written by: Joshua Wurtzel, John Moore, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneMotion For Default Judgment And Cross Motion To Dismiss Complaint As Abandoned Or For Failure Of Timely Service Denied
On November 18, 2025, Justice Joel M. Cohen denied both a plaintiff’s motion for default judgment and defendant’s cross-motion which sought to dismiss the complaint as abandoned or untimely. The case is B. Riley Retail Solutions, LLC v. CA Global Partners Ltd., Index No. 651626/2024. Read More
- Posted: January 2, 2026 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerAncient Document Exception To Hearsay Rule Applied
On November 24 2025, Justice Joel M. Cohen found that the ancient document exception applied and defeated defendants’ hearsay objection to the document at issue in Greason v. Nahmad, Index No. 650646/2014. The Court explained: Read More
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