On February 24, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Lexon Ins. Co. v. Sanare Energy Partners, LLC, 2021 NY Slip Op. 30692(U), rejecting a lack of consideration defense . . .
On March 5, 2021, Justice Masley of the New York County Commercial Division issued a decision in Alrose Steinway, LLC v. Jaspan Schlesinger, LLP, 2021 NY Slip Op. 30620(U), holding that a litigant waived the attorney-client privilege by failing timely to cure the inadvertent production of a privileged document . . .
On February 26, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in BK 38th Lender LLC v. 1351 Dekalb Condo Dev. LLC., 2021 NY Slip Op. 30639(U), denying a plaintiff summary judgment on a commercial lease foreclosure because of a lack of admissible evidence of a default . . .
On March 4, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Middle Dam St. Inc., 2021 NY Slip Op. 30686(U), holding that the Covid eviction ban did not require the dismissal of a commercial foreclosure action . . .
On March 10, 2021, the Second Department issued a decision in Riesenburger Props., LLLP v. Pi Assoc., LLC, 2021 NY Slip Op. 01435, holding that a landlord was only entitled to the reasonable value of a premises during a holdover . . .
On March 10, 2021, the Second Department issued a decision in Torto Note Member, LLC v. Babad, 2021 NY Slip Op. 01438, holding that even though an LLC was not formed when it was assigned a note, the LLC had standing to sue on the note . . .
On March 4, 2021, the First Department issued a decision in Great Ajax Operating Partnership L.P. v. PCG REO Holdings, LLC, 2021 NY Slip Op. 01324, holding that a party’s claims, which were inconsistent with claims it successfully advanced in a different action, were barred by the doctrine of judicial estoppel . . .
On February 25, 2021, Justice Sherwood of the New York County Commercial Division issued a decision in Singind Life Sciences (HK) Ltd. v. Versailles Indus. LLC, 2021 NY Slip Op. 30584(U), analyzing various Debtor and Creditor Law claims . . .
On March 4, 2021, the First Department issued a decision in Shelbourne BRF LLC v. SR 677 Bway LLC, 2021 NY Slip Op. 01346, holding that an injunction should not issue when the plaintiff can be made whole by money damages . . .
On March 4, 2021, the First Department issued a decision in Hawk Mtn. LLC v. RAM Capital Group LLC, 2021 NY Slip Op. 01349, holding that an acknowledgement of a debt can be valid even if it contains ambiguities . . .