- Posted: December 17, 2025 / Commercial Division Blog
Written by: Joshua Wurtzel, Channing J. Turner, Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. ButtAllegations Of Coercion, Carve Out Of Claims Concerning Real Property, Do Not Warrant Denial of Motion For Summary Judgment In Lieu Of Complaint
On November 5, 2025, Justice Andrea Masley granted summary judgment in lieu of complaint under CPLR 3213 upon a settlement agreement with confession of judgment plaintiff had entered into with defendant in a prior action. The case is D’Angelo v. Devito, Index No. 651007/2025. Read More
- Posted: December 15, 2025 / Commercial Division Blog
Written by: Joshua Wurtzel, Jeffrey M. Eilender, Samuel L. Butt, Channing J. Turner, Thomas A. KissaneMotion To Dismiss Claims Asserting Breach Of Letter Agreement Denied
On November 3, 2025, Justice Joel M. Cohen denied a motion to dismiss claims alleging violation of a letter agreement that the parties had agreed to work toward modifying. The case is Weinberg v. Meridian Capital Group, LLC, Index No. 653283/2025. Read More
- Posted: December 12, 2025 / Commercial Division Blog
Segregated Account of Bermuda Reinsurance Company Lacked Capacity to Sue
On November 6, 2025, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Mobility Seller Representative LLC v. AMTrust Financial Services, Inc., Index No. 652780/2022, dismissing without prejudice a complaint because of the plaintiff's lack of capacity to sue under Bermuda law, explaining: Read More
- Posted: December 10, 2025 / Commercial Division Blog
Failure to Strictly Comply With Conditions Precedent to Removal of General Partner Excused
On November 25, 2025, the First Department issued a decision in 242 Tenth Investors LP v. GVC 242 Tenth Sponsor, LLC, Case No. 2024-06715, reversing the motion court's determination that a limited partner's notice of removal of the general partner was invalid for failure to strictly comply with conditions precedent set forth in the limited partnership agreement and, in so reversing, excusing strict compliance, explaining: Read More
- Posted: December 5, 2025 / Commercial Division Blog
Written by: Samuel L. Butt, Channing J. Turner, Thomas A. Kissane, Joshua Wurtzel, Jeffrey M. EilenderDraft Report Did Not Trigger Running Of Limitations Period
On November 3, 2025, Justice Joel M. Cohen denied defendants’ motion to dismiss several claims in Sirius XM Radio LLC v. Adeptus Parnters, LLC, Index No. 654079/2024. Plaintiff alleged claims of fraud, breach of contract, and negligence arising out of a royalty audit conducted by defendants. Defendants moved to dismiss the claims and the Court denied the motion. With respect to plaintiff’s negligence claim, defendants argued the claim was time-barred. The Court disagreed, explaining: Read More
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