- Posted: December 20, 2024 / Commercial Division Blog
Preliminary Injunctive Relief Granted To Both Parties To California Energy Project
On October 16, 2024, Justice Andrea Masley granted preliminary injunction applications by participants in a California energy project. The decision was issued under the caption in Viracocha Wind Holdco LLC v. Ignis Energy USA LLC, 652538/2024, and was also entered in a companion action, lgnis Energy USA, LLC v. Salka Wind Development Services Viracocha LLC, Index No. 652587/2024. Read More
- Posted: December 18, 2024 / Commercial Division Blog
Summary Judgment Granted Defendants, Denied Plaintiff, In Action Among Participants In Mixed-Use Real Estate Project
On October 21, 2024, Justice Joel M. Cohen granted summary judgment to defendants and denied it to plaintiff in a dispute concerning the development and operation of a mixed-use commercial and residential property at 242 10th Avenue in Manhattan. The case is 242 Tenth Investors LP v. GVC 242 Tenth Sponsor, LLC, Index No. 651242/2021. Read More
- Posted: December 16, 2024 / Commercial Division Blog
Statutory Claim On Disclosure Of Ticket Prices Dismissed For Failure To State A Cause of Action
On October 16, 2024, Justice Margaret A. Chan granted a music venue’s motion to dismiss a customer’s complaint alleging violation of a state statute concerning disclosure of ticket prices. The case is Frias v. City Winery New York, LLC, Index No. 651284/2024. Read More
- Posted: December 6, 2024 / Commercial Division Blog
Court Denies Defendants’ Motion To Dismiss In Commercial Foreclosure Action
On September 27, 2024, Justice Margaret A. Chan denied defendants’ motion to dismiss a commercial foreclosure action in Aareal Capital Corp. et al. v. 462BDWy Land, L.P. et al., Index No. 850639/2023. The defendants moved to dismiss based on defective verification and plaintiffs’ alleged lack of standing. The Court denied the motion, explaining: Read More
- Posted: December 4, 2024 / Commercial Division Blog
Court Grants Motion For Summary Judgment In Lieu Of Complaint As To Liability And Damages
On October 11, 2024, Justice Melissa A. Crane granted in part and denied plaintiff’s motion for summary judgment in lieu of complaint in Acore Capital Mortgage, LP v. Bridge Office Fund LP et al., Index No. 651484/2024. The Court concluded that plaintiff had established its prima facie case as to liability under various loan documents and associated guarantees. As to damages, the Court rejected defendants’ argument that the damages calculations were vague and unsupported. It denied plaintiff’s motion as to attorney’s fees. The Court explained: Read More
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