- 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
- Posted: December 31, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants Sanctions For Failure To Respond to Discovery Requests But Denies Motion To Strike Defendants’ Answer
On November 18, 2025, in McWilliams v. Empire Agricultural Systems, LLC, Index No. 655727/2023, Justice Joel M. Cohen granted plaintiffs’ motion for an order awarding plaintiffs fees and costs for bringing certain discovery-related motions, but declined to strike Defendants’ answer. The Court explained: Read More
- Posted: December 29, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Samuel L. Butt, Thomas A. Kissane, Channing J. TurnerFailure Of Plaintiffs To Appear At Conference Results In Dismissal
On November 11, 2025, in Penske v. National Holding Corp., Index No. 655002/2022, Justice Andrea Masley dismissed plaintiffs’ complaint due to their failure to appear at a conference. The court had granted the motion by plaintiffs’ prior counsel to be relieved in August. The Court set a conference for August 26, 2025, to confirm that the corporate plaintiff had retained counsel and whether the individual plaintiff would represent himself. The Court explained: Read More
- Posted: December 22, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Grants LLC Member’s Request For Appointment Of Receiver And Accounting To Investigate Alleged Improper Use Of LLC Funds
On November 10, 2025, Justice Andrew Borrok granted a request for a court-appointed receiver and for an accounting of all income and expenses of a LLC to investigate alleged improper uses of the LLC’s assets. In 176 West 87th Leasehold LLC, et al., v. Mark S. Rudd, et al., Index No. 653491/2025, the LLC in question had three individual members who jointly managed the LLC. After one of the members passed away, an estate executor took over representation of his interest in the LLC. The estate executor allegedly discovered that the other two members had been improperly using the LLC’s assets to pay for their families’ health insurance and had made a $150,000 payment without the consent of the deceased member. Because relations between the members had broken down, the executor brought a petition to dissolve the LLC and sought appointment of a receiver and an accounting. The Court granted those requests, explaining: Read More
- Posted: December 19, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneIn Action For Fiduciary Breach, Amounts Paid By Condominium To Non-Party In Settlement Of Action Where Breach Occurred Not Recoverable As Damages
On September 10, 2025, Justice Andrew Borrok denied a motion for summary judgment seeking to recover, as damages for breach of fiduciary duty, monies paid by a condominium and its insurer in settlement of a prior litigation that gave rise to plaintiffs’ fiduciary breach claim. The case is Gilbert v. Winston, Index No. 650374/2023. Read More
- 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
- Posted: December 3, 2025 / Commercial Division Blog
Written by: Samuel L. Butt, Channing J. Turner, Joshua Wurtzel, Thomas A. Kissane, Jeffrey M. EilenderCourt Grants Motion For Contempt
On October 29, 2025, in 5 Beekman Property Owner v. Henick-Lane, Inc., Index No. 657290/2019, Justice Andrew Borrok granted defendant’s motion or contempt against plaintiffs based on plaintiffs’ refusal to return $850,000 mistakenly sent to plaintiffs that the Court had, on several occasions, ordered be returned to Henick-Lane. The Court explained: Read More
- Posted: December 1, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtPartners Deviated From Statutory Default Of Equal Ownership Based On Tax Returns And Other Evidence
On October 17, 2025, in Levine v. Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, Index No. 652616/2021, Justice Jennifer G. Schecter, in a Decision After Trial, rejected defendants’ contention that plaintiff had only a 25% interest in the firm. Defendants relied on Partnership Law § 40(1)’s default rule that partners “share equally in the profits and surplus remaining after all liabilities” and that an unequal agreement on the division of income does not necessarily govern the partners’ percentage equity interests. The Court disagreed, concluding plaintiff’s interest was 40.362% explaining: Read More
- Posted: November 26, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Thomas A. Kissane, Samuel L. ButtCourt Sanctions Attorney For “Conduct Intended To Harass” And “Prevent Defendants To Obtain Discovery” During Five Fact Depositions
On October 3, 2025, Justice Melissa A. Crane granted fee-shifting sanctions after a plaintiff’s attorney engaged in behavior during depositions that included repeated speaking objections and potential coaching of witnesses. In Guggenheim Securities, LLC, v. Falcon’s Beyond Global, LLC et al., Index No. 651585/2024, defendants’ counsel had asked the plaintiff’s counsel to stop making speaking objections, prompting the parties to speak to the Court on the phone. The Court instructed plaintiff’s counsel to stop; however, plaintiff’s counsel continued with speaking objections. After reviewing several egregious examples from the transcripts where counsel’s objections appeared to coach the witnesses, the Court granted defendants’ motion for sanctions. The Court explained: Read More
- Posted: November 24, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Joshua Wurtzel, Channing J. Turner, Samuel L. Butt, Thomas A. KissaneCourt Dismisses Claim Seeking Unpaid “Transaction Fees” Where Plaintiffs Were Unregistered Real Estate Brokers
On October 3, 2025, Justice Melissa A. Crane granted in part defendants’ motion for summary judgment after concluding that, because plaintiffs had not registered as real estate brokers, they could not seek certain fees or commissions for their work on a real estate portfolio. In CSG Re Partners, LLC, et al., v. Ian Behar, et al., Index No. 653469/2025, a written memorandum of understanding (MOA) between several “investors” governed the management and financing of a complicated portfolio of real property. The agreement provided for various incentive, financing, and transaction fees to the investor/brokers. The Court ruled that at least some of these fees violated New York Real Property Law (RLP) § 442-d by giving fees to unlicensed brokers, explaining: Read More
Load More
