Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On April 30, 2024, Justice Andrea Masley denied AT&T’s request for a $7 million bond to secure claims it had brought against a party with an acknowledged history of refusing to pay judgments and insisting on judgment enforcement procedures. In Grupo Salinas Telecom, S.A. DE C.V., et al., v. AT&T Mobility Holdings B.V., et al., Index No. 652411/2022, the Court noted that it has inherent authority to impose a bond “to ensure that litigation proceed[s] efficiently and that the parties adhere[] to their obligations of litigating in good faith.” The Court acknowledged Grupo Salina’s “history of refusing to pay judgments and making public statements espousing its pride for failing to pay its judgments,” including a statement by its chairman that he “won’t pay even a radish’s worth.” Nevertheless, it concluded that a bond was not warranted. The Court explained: Read More

On June 15, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Altium Growth Fund, L.P. v. Tingo Group, Inc., 2023 N.Y. Misc. LEXIS 2999. The Court granted Plaintiffs’ motion for an attachment pursuant to CPLR 6201(1), attaching shares in the Defendant Company. The Court found that Plaintiffs had shown a likelihood of success on the merits, and further found that grounds for an attachment pursuant to CPLR 6201 exists, explaining: Read More