- Posted: September 17, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerBorrower Liable to Guarantor for Losses Caused by Borrower's Default Under Loan
On July 29, 2025, Justice Joel M. Cohen issued a decision in Ader v. Ader, et al., Index No. 653917/2024, granting summary judgment against defendant borrower for breach of an agreement between borrower and plaintiff guarantor under which borrower gave guarantor the right to sell borrower's real property if borrower defaulted on the underlying loan guaranteed by guarantor, explaining: Read More
- Posted: September 12, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Motion To Vacate Decision Granting Motion To Dismiss Based On Law Office Failure
On July 17, 2025, Justice Joel M. Cohen denied defendant’s motion to vacate the Court’s order granting plaintiffs’ motion to dismiss the Third Amended Counterclaims in JG Group Holdings LLC v. Kahlon, Index No. 6521966/2020. Defendant sought to vacate the Court’s decision, arguing that the motion was unopposed due to excusable law office failure – specifically, mis-calendaring the filing deadline. The Court explained: Read More
- Posted: September 10, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Denies Motion To Lift Restraining Notices
On August 1, 2025, in Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, Index No. 654869/2022, Justice Andrew Borrok denied the motion of non-parties to vacate restraining notices served by the Judgment Creditor Plaintiff so the non-parties could pay lawyers and operate the Defendant’s business but not pay their own loan down or otherwise facilitate a foreclosure sale. The Court explained: Read More
- Posted: September 8, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Requires Withdrawal Of Claims Filed In Another Jurisdiction
On August 4, 2025, Justice Andrew Borrok required defendant to withdraw all claims filed in Philadelphia that arose out of the License Agreement at issue or be held in contempt in Orphion Therapeutics, Inc. v. The Children’s Hospital of Philadelphia et al., Index No. 655222/2024. The Court explained: Read More
- Posted: September 5, 2025 / Commercial Division Blog
Written by: Jeffrey M. Eilender, Thomas A. Kissane, Samuel L. Butt, Joshua Wurtzel, Channing J. TurnerCourt Orders Referee To Determine Whether Party Has Sufficient Cash To Comply With Order Requiring Deposit Into Escrow Or Should Be Held In Contempt
On July 10, 2025, Justice Andrea Masley ordered a referee to conduct hearings into whether a party who had been ordered to deliver $54,205.53 to his attorney to be held in escrow during post-judgment proceedings could be held in contempt despite allegedly lacking the funds to comply. In Raza Khan v. Vishal Garg, et al., Index No. 65233/2013, a judgment had been entered against Khan but it needed to be corrected to reflect the amount that would be paid to each Defendant. Until that issue was decided, the Court ordered Khan to deliver the judgment amount to his attorney to be held in escrow. Khan failed to do so and claimed he did not have sufficient funds. Read More
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