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October 21, 2024
Summary Judgment Denied To Plaintiffs, Granted In Part To One Defendant, In Action On Alleged Loan
On August 27, 2024, Justice Andrew Borrok denied summary judgment to plaintiffs and granted it in part to one defendant in an action to collect on an alleged $9 million loan. The case is Elie Tahari v. Shelly Narkis, Index No. 650671/2021. Read More
October 11, 2024
Court Grants Motion For Summary Judgment In Lieu of Complaint
On September 6, 2024, Justice Melissa A. Crane granted, in part, plaintiff’s motion for summary judgment in lieu of complaint. In Oxford Finance LLC v. Nesian Jean Makesh, Index No. 651051/2024, plaintiff sought judgment against defendants under a Limited Payment Guaranty and Surety Agreement. The Court explained: Read More
October 7, 2024
Court Denies Motions For Summary Judgment In Legal Malpractice Action
On September 6, 2024, Justice Margaret A. Chan issued a Decision and Order in FTF Lending, LLC v. Mavrides, Moyal, Packman & Sadkin, LLP, Index No. 153620, denying both plaintiff’s and defendants’ motions for summary judgment. Plaintiff asserted claims against defendants for legal malpractice arising out of defendants’ representation of plaintiff in a loan transaction. The Court explained: Read More
August 28, 2024
Expert Affidavit Insufficient To Defeat Summary Judgment For Insurer
In decisions dated July 10, 2024, in two related actions, Justice Margaret A. Chan granted summary judgment dismissing various claims and cross claims brought against an insurer in Argonaut Insurance Company a/s/o 839 West End Inc. and NIV Realty v. Wayne’s Eco-Friendly Solutions, LLC and Master Fire Systems, Inc., Index No. 162422/2019 (Case 1); Utica First Ins. Co. v Wayne's Eco-Friendly Solutions LLC, Index No. 154187/2020 (Case 2). Read More
August 16, 2024
CPLR 3213 Unavailable Where Guaranty Concerns Not Only Payment But Also Performance
On June 11, 2024, Justice Joel M. Cohen denied plaintiff’s motion for summary judgment in lieu of complaint based on a guaranty. In Manhattan Real Estate Fund, LP v. Paz, Index No. 655592/2023, plaintiff sought summary judgment in lieu of complaint based on a guaranty executed by defendant. In denying the motion, the Court explained: Read More
July 29, 2024
Summary Judgment Granted To Insurer That Had Satisfied Its Policy Obligations
On July 9, 2024, Justice Melissa A. Crane granted summary judgment dismissing an insurer from liability to another insurer. Lexington Ins. Co. v New York Mar. & Gen. Ins. Co., Index No. 651214/2022. Read More
July 1, 2024
Court Grants Summary Judgment Dismissing Claim To Inspect Books And Records
On May 15, 2024, Justice Margaret A. Chan granted summary judgment to defendant American Express Company (“Amex”), dismissing a shareholder’s application to inspect its corporate books and records. Hafeez v American Express Co., Index No. 656656/2022. Read More
June 19, 2024
Court Holds That Plaintiff Has Standing Because Note And Guaranty Were Properly Assigned
On April 29, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment. The plaintiff in Lapis Advisers, LP et al. v. Coal Capital Ephrata, LLC, Index No. 650128/2021 sought summary judgment for failure to repay amounts on a note assigned to plaintiff. The Court concluded that plaintiff had standing, explaining: Read More
May 22, 2024
Court Denies Unopposed Motion for Summary Judgment in Lieu of Complaint
On April 19, 2024, Justice Margaret A, Chan denied an unopposed motion for summary judgment in lieu of complaint. The plaintiff in RS E Orange, LLC v. Proudliving Companies, LLC et ano., Index No. 655013/2023, sought just under $4 million from defendants Proudliving and Andrew Brown under a guaranty agreement. The Court explained: Read More
May 10, 2024
Summary Judgment Premature As To Condominium Builder’s Liability For Burst Pipe Damage Where Operative Agreement On Builder’s Obligations Was Not Before The Court
In The Charles Condominiums, LLC v. Victor RPM First, LLC, Index No. 657040/2019 (April 5, 2024), Justice Margaret A. Chan denied a motion for summary judgment, as to liability only, by a luxury condominium developer seeking millions of dollars from its development manager (i.e., the contractor, “Victor”) for breach of contract related to a burst pipe. Read More
April 22, 2024
Court Denies Motion For Summary Judgment In Lieu Of Complaint
On April 5, 2024, Justice Margaret A. Chan denied plaintiff’s motion for summary judgment in lieu of complaint based on certain promissory notes. The decision in Elisa Wietschner, as trustee of the WFIG Trust v. 9 Vandam JV LLC, Index No. 655573/2023, explained: Read More
March 29, 2024
Court Grants Plaintiff Summary Judgment Requiring City To Close Pursuant To Terms of Ground Lease
On March 5, 2024, Justice Andrew Borrok granted plaintiff’s motion for summary judgment and denied the City’s motion. The decision in Atlantic Center Fort Greene Assoc., LLC v. The City of New York, Index No. 656207/2021, concerned a lease agreement dated August 4, 1995, between the City as landlord and plaintiff’s predecessor in interest as tenant. The Court explained: Read More
February 26, 2024
Breaches Of Non-Monetary Provisions Of Credit Agreement Are Material
On January 26, 2024, Justice Melissa A. Crane granted plaintiffs’ motion for summary judgment regarding, inter alia, their breach of contract claim. The decision in Regions Bank v. VativoRX, LLC, Index No. 654741/20229, rejected defendant’s argument that the breach of certain terms in the credit agreement at issue requiring the provision of annual audited financial statements, along with related certifications and accompany documentation, and the transfer of accounts to plaintiffs were not material breaches. The Court disagreed: Read More
January 19, 2024
Court Grants Motion for Summary Judgment Based on Breach of Unambiguous Contract Terms
On December 19, 2023, Justice Melissa A. Crane, of the New York County Commercial Division, issued a decision in Samsung Electronics Co. Ltd. v. MPEG LA, L.L.C., Index No. 656312/2022, granting plaintiff’s motion for summary judgment on its claim for breach of contract while denying defendant’s cross-motion to dismiss that claim. The court held that plaintiff’s claim was supported by the unambiguous language of the relevant agreement, and rejected the defendant’s argument that the parties’ agreement had been amended to reduce royalty payments to the plaintiff, explaining: Read More
January 12, 2024
Payment to Defendant Conclusively Not a Loan When Documentary Evidence Showed That It Was Actually Returned Equity
On December 14, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in JDS Fourth Avenue JC II LLC, et al. v. Largo 613 Baltic Street Partners LLC, Index No. 651948/2020, granting defendants' motion for summary judgment and dismissing plaintiffs' claim for breach of an oral loan agreement, explaining: Read More
January 3, 2024
Court Grants Motion For Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated December 6, 2023, in Strecker v. Singlepoint, Inc., Index No. 653850/2023, Justice Joel M. Cohen granted plaintiff’s motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
December 20, 2023
Motion for Leave to Amend Denied Where Proposed Third Amended Complaint Fails to Correct Defects of Prior Complaints
On October 30, 2023, Justice Andrew Borrok, of the New York County Commercial Division issued a decision in Kirschenbaum v De Baets, Index No. 653287/2019, 2023 NY Slip Op 33880(U), denying Plaintiff’s motion for leave to amend to file a third amended complaint where the proposed amendments were palpably insufficient and proposed claims that failed as a matter of law. The Court explained: Read More
December 18, 2023
First Department Reaffirms That Assignor’s Residence Determines Place of Accrual of Breach of Contract Claim
On December 12, 2023, the Appellate Division, First Department issued a decision in IKB International, S.A. in Liquidation v. Wells Fargo Bank, N.A. and several other consolidated actions, Case Nos. 2022-04133, 2022-04134, 2022-04178, and 2022-04194. Schlam Stone & Dolan serves as co-counsel for Plaintiffs-Respondents in these actions. The First Department affirmed the trial court’s rejection of the argument by Defendants-Appellants on summary judgment that the German statute of limitations governed the timeliness of Plaintiffs’ breach of contract claims, holding that the law of the place of the party that assigned the claims to Plaintiffs, in this case Ireland, was the proper foreign law to consider pursuant to New York’s borrowing statute, CPLR 202. The First Department explained: Read More
November 6, 2023
Court Dismisses Complaint For Reformation Based On Claimed Mutual Mistake
In a Decision and Order, dated October 5, 2023, in ACP Housing Associates, L.P. v. ABJ Milano, LLC, Index No. 156320/2019, Justice Joel M. Cohen granted defendant’s motion for summary judgment dismissing plaintiff’s complaint for reformation. The plaintiff alleged a mutual mistake in a commercial real estate transaction, in that the contract mistakenly conveyed a vacant lot that was not intended to be included in the sale of an adjacent developed property. Plaintiff sought reformation of the contract to exclude the vacant lot from the transaction or, in the alternative, recovery for unjust enrichment. The Court granted defendant’s motion for summary judgment, explaining: Read More
October 11, 2023
First Department Reverses Grant Of Summary Judgment Concerning Successor Liability
In a Decision and Order, dated September 21, 2023, in 47 East 34th Street (NY) L.P. v. BridgeStreet Worldwide, Inc. et al, Case No. 2022-01819, the First Department reversed orders of Justice Andrew Borrok which granted plaintiff’s motion for summary judgment on its claim to recover on a guaranty against defendants-appellants Versa Capital Management, LLC (Versa) and Domus BWW Funding, LLC (Domus Funding) as successors to and alter egos of guarantor defendant BridgeStreet Worldwide. The Court explained: Read More
October 2, 2023
Service of Process Not Proper on Party’s Attorney Absent Express Authorization from Party
On September 15, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Credit Europe Bank (Dubai) Ltd. v Shetty, Index No. 651931/2023, 2023 NY Slip Op 33204(U) denying the plaintiff’s motion for summary judgment in lieu of complaint based on improper service of process.
The Court held that, despite an affidavit from an attorney representing the defendant in another action that he was authorized to accept service on behalf of that defendant in this action, plaintiff had failed to show proper service of process because that attorney was not attorney-of record in the underlying action, and because there was no evidence that the defendant had authorized that attorney to accept process on its behalf. The Court explained:
Read More
August 14, 2023
Court Grants Summary Judgment In Lieu Of Complaint
In a Decision and Order, dated June 23, 2023, in 2025 Note Pool LLC v. Rudich, 2023 NY Slip Op 32092(U), Justice Melissa A. Crane granted Plaintiff’s unopposed motion for summary judgment in lieu of complaint pursuant to CPLR § 3213. The Court explained: Read More
August 2, 2023
Court Rejects Successive Summary Judgment Motions
On July 12, 2023, Justice Andrea Masley of the New York County Commercial Division issued a decision in 600-602 10th Ave. Realty Corp. v. Estate of Nusimow, 2023 N.Y. Misc. LEXIS 3465. The Court denied the Plaintiff’s motion for summary judgment, primarily on the basis that the same Plaintiff had moved for summary judgment on the same claims six years prior, which the Court had denied, finding issues of fact existed. The Court explained: Read More
July 21, 2023
Guarantor's Testimony That Conflicted With Contemporaneous Communications Concerning Guaranty Does Not Create Triable Issue of Fact
On June 5, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision … Read More
July 19, 2023
Guaranty of Both Payment and Performance Did Not Qualify as Instrument for Payment of Money Only Under C.P.L.R. 3213
On May 26, 2023, Justice Margaret A. Chan of the New York County Commercial Division issued a decision in Itria Ventures LLC v. Singh Oil Corp., 2023 NY Slip Op 31809(U), denying a motion for summary judgment in lieu of complaint against guarantors on the ground that the guaranty was one of both payment and performance, and was thus not an obligation for the payment of money only, explaining: Read More
June 12, 2023
Plaintiff Entitled to Pursue Lost Profits on $830 Million Hotel Casino Project
In an Opinion, dated May 25, 2023, in BML Properties Ltd. V. China Construction America, Inc., Index No. 657550/2017, Justice Andrew Borrok denied defendants’ motion for summary judgment. The Court previously found that the fraud claims were not duplicative of the breach of contract claims because they relied on misrepresentations of then-current facts regarding the project. In this Opinion, the Court, among other things, refused to preclude plaintiffs, at this stage, from seeking lost damages. The Court explained: Read More
June 7, 2023
Summary Judgment Denied Where Plaintiff’s Demand Conflicted with Parties’ Course of Dealing and Express Terms of Contract
On May 23, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in GalaxE.Healthcare Sols., Inc. v. RxSense, LLC, 2023 N.Y. Misc. LEXIS 2568. The Court denied the plaintiff’s motion for summary judgment, finding that the plaintiff’s claim was contradicted by the parties’ prior course of dealing and the express terms of the parties’ agreement. The Court explained: Read More
March 20, 2023
Former Employee Entitled to Sever Claims Awarded on Summary Judgment
In a Decision and Order, dated February 21, 2023, in Baker v. Waller Capital Corp., Index No. 655859/2017, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion to sever the claims awarded on summary judgment so that he may begin to collect the amounts awarded as guaranteed payments pursuant to his employment agreement. The remainder of claims would proceed to trial. The Court explained: Read More
March 15, 2023
Motion for Summary Judgment Premature After Grant of Motion to Compel
On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Ninth Space LLC v. Goldman, 2023 N.Y. Misc. LEXIS 706, holding that a motion for summary judgment was premature where a recent Appellate Division decision in the case had necessitated reopening discovery into certain aspects of the case and after the court had granted a motion to compel that discovery. The Court explained: Read More
February 27, 2023
Dead Man’s Statute Does Not Preclude Evidence Concerning Disputed Agreements On Summary Judgment
In an Opinion, dated January 24, 2023, in 35 W. Realty, LLC v. Booston, LLC, Index No. 653674/2015, Justice Margaret A. Chan denied Plaintiff’s in limine motion to preclude evidence concerning disputed agreements based upon CPLR § 4519, also known as the Dead Man’s Statute. The Court explained: Read More
February 3, 2023
License Agreement Properly Terminated Based On Material Breach
In a Decision and Order, dated January 13, 2023, in Screen Media Ventures, LLC v. Capella International, Inc. Index No. 654358/2012, Justice Andrew Borrok granted Capella International’s motion for summary judgment in its entirety. The Court explained: Read More
January 27, 2023
Summary Judgment Granted Where Defendants Fail to Rebut Prima Facie Case
In a Decision and Order, dated January 5, 2023, in Cline v. Schuster Enters., LLC, Index No. 656167/2021, Justice Joel M. Cohen of the New York County Commercial Division granted plaintiff’s motion for summary judgment where defendants did not rebut evidence that they failed to repay a loan in full by the expiration of the forbearance term. The Court explained: Read More
January 11, 2023
Summary Judgment Motion Denied When Movant Failed to Show as a Matter of Law that Nonmovants' Performance Under Contract Was Possible
On December 22, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in J.P. Morgan Ventures Energy Corp. v. Miami Wind I LLC, 2022 NYLJ LEXIS 2667, denying the plaintiff's motion for summary judgment in a contract suit on the ground that, while the defendants had the burden of proving their force-majeure defense, the plaintiff failed to show as a matter of law that defendants' performance was "possible," explaining: Read More
January 9, 2023
Proof of Borrower's Bankruptcy Filing Permitted on Motion for Summary Judgment in Lieu of Complaint Against Guarantor
On December 29, 2022, Justice Andrea Masley of the New York County Commercial Division issued a decision in ATX Braker LLC v. Paul, 2022 N.Y. Slip Op. 34427(U), granting a lender's motion for summary judgment in lieu of complaint on a guaranty that was triggered when the borrower filed for bankruptcy, explaining: Read More
September 14, 2022
Settlement Agreement Can Be An Instrument for the Payment of Money Only Under CPLR 3213
In an Opinion dated July 25, 2022, in Newco Capital Group VI, LLC v. Teleescrow, Inc. and Tristan Desechenes, Justice Melissa Anne Crane granted plaintiff’s motion for summary judgment in lieu of complaint as to the amount in the settlement agreement. Read More
August 10, 2022
Manager of LLC Satisfied Contractual Obligation to Provide Annual Financial Statements by Providing Tax Returns
On March 28, 2022, in BCI Fin. Holdings LLC v. RT Two LLC, Index No. 653394/2020, Justice Margaret Chan of the New York County Commercial Division granted summary judgment dismissing defendant and counterclaim-plaintiff’s counterclaim for breach of the operating agreement based on the manager’s failure to provide the annual financial statements as expressly required finding that the tax returns that were provided could serve as financial statements because they contain the required information and adopt the required accounting standard. Read More
March 4, 2022
Plaintiff Not Estopped from Disputing Defendant's Ownership Interest Based on K-1
Written by:
Jeffrey M. Eilender, Samuel L. Butt, Joshua Wurtzel,
In a Decision dated February 3, 2022, in Trademan Program Mgrs., LLC v. Doyle, Index No. 655520/18 and First Department Case Nos. 2020-04608, 2021-00319, and 2021-00320, 2022 N.Y. Slip. Op. 00747, the First Department affirmed an order of Justice Masley granting plaintiff’s motion for summary judgment declaring that defendant JCB Associates was not a member of plaintiff and thus not entitled to claim an interest in the entity. JCB argued that plaintiff was estopped from taking that position based on a Schedule K-1 distributed to members for the 2017 tax year showing JCB to have an 18.75% interest. Read More
October 6, 2021
Summary Judgment for Breach of Contract Denied Where Plaintiff Failed to Show it Satisfied Contractual Condition Precedents to Terminate for Cause
On August 25, 2021, in Turner Towers Tenant Corp. v RCI Plumbing Corp., 2021 NY Slip Op 04774, the S… Read More
September 29, 2021
Summary Judgment for Mechanic's Lien Inappropriate Where Defendant Failed to Account for All Items Listed in Lien Statement
On September 15, 2021, the Second Department issued a decision in J&M Indus., Inc. v Red Apple 1… Read More
September 27, 2021
Conflicting Expert Opinions Sufficient to Defeat Summary Judgment in Medical Malpractice Case
On May 2, 2019, Justice Jamieson of the Westchester County Commercial Division issued a decision i… Read More
September 15, 2021
Guaranties For Payment And Performance Are Not Instruments For Payment Of Money Only And Therefore Do Not Provide A Basis For Summary Judgment In Lieu of Complaint Under CPLR § 3213
On September 3, 2021, in Bank of America, N.A. v. Filho et al., N.Y. Sup. Ct. Index No. 654603/2019,… Read More
December 10, 2020
Motion for Summary Judgment Denied as Untimely
On November 25, 2020, Justice Cohen of the New York County Commercial Division issued a decision in … Read More
December 9, 2020
Plaintiff May Move for Summary Judgment in Lieu of Complaint on Guaranty Even if Interpretation of Guaranty Relies on Other Agreements
On November 20, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More
October 22, 2020
Letter of Credit Not 3213 instrument for the Payment of Money Only
On October 6, 2020, Justice Ostrager of the New York County Commercial Division issued a decision in… Read More
September 28, 2020
Court Bars Party From Changing its Arguments Based on Doctrine of Judicial Estoppel
On September 15, 2020, Justice Ostrager of the New York County Commercial Division issued a decision… Read More
July 9, 2020
Cross-Motion for Summary Judgment Made After Statutory Deadline Rejected
On May 11, 2020, Justice Livote of the Queens County Commercial Division issued a decision in WDF In… Read More
May 16, 2020
Note Requiring Defendant to Become Registered on an Exchange Not an Instrument for Payment of Money Only Under CPLR 3213
On May 14, 2020, the First Department issued a decision in Alpha Capital Anstalt v. Generex Biotechn… Read More
May 9, 2020
Plaintiff Entitled to Summary Judgment in Lieu of Complaint on Guaranty Even Though Guaranty Was Not for a Sum Certain
On May 6, 2020, the Second Department issued a decision in Metro-Gem Leasing & Funding Corp. v. … Read More
September 9, 2019
Court Denies Summary Judgment in Lieu of Complaint Because Contract Included More Obligations than the Payment of Money
On August 26, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
April 2, 2019
Note That Contained Conditions on Payment Cannot Be Subject of Motion for Summary Judgment in Lieu of Complaint
On March 18, 2019, Justice Masley of the New York County Commercial Division issued a decision in B… Read More
January 15, 2019
Court Grants Summary Judgment in Lieu of Complaint on Notes
On January 2, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in… Read More
January 4, 2019
Court Rejects Conclusory Statements in Party Affidavits Submitted on Summary Judgment
On December 18, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
November 14, 2018
Because Court Allowed Plaintiff to Amend Complaint, Court Erred in Deciding Summary Judgment Motion Before Defendant Answered Amended Complaint
On November 7, 2018, the Second Department issued a decision in R&G Brenner Income Tax Consulta… Read More
September 19, 2018
Court Grants Adverse Inference on Summary Judgment for Assertion of Fifth Amendment Rights
On September 5, 2018, Justice Bransten of the New York County Commercial Division issued a decision … Read More
August 30, 2018
Allegations of Account Stated Insufficient to Support Summary Judgment in Lieu of Complaint
On August 20, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More
August 28, 2018
Defendant Cannot Delay Summary Judgment to Obtain More Discovery Without Showing That Relevant Evidence is in Plaintiff's Exclusive Possession
On August 1, 2018, Justice Platkin of the Albany County Commercial Division issued a decision in Hor… Read More
August 11, 2018
Court Reviews Law Governing Contract Interpretation on Summary Judgment
On August 6, 2018, Justice Schecter of the New York County Commercial Division issued a decision in … Read More
July 31, 2018
Court Erred in Granting Summary Judgment on Dismissing Plaintiff's Claims Where Defendant Only Moved for Judgment on its Counterclaims
On July 25, 2018, the Second Department issued a decision in Philogene v. Duckett, 2018 NY Slip Op. … Read More
May 23, 2018
Summary Judgment Inappropriate Where Conflicting Inferences Can be Drawn from Evidence and Issues of Credibility Exist
On May 16, 2018, the Second Department issued a decision in UB Distributors, LLC v. S.K.I. Wholesale… Read More
May 15, 2018
Invoking CPLR 3212 and Commercial Division Rule 9, Justice Scarpulla Conducts Immediate Hearing to Resolve Factual Dispute
On May 2, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in Ov… Read More
March 25, 2018
Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because Condition Precedent For Suing on Note Not Met
On March 16, 2018, the Fourth Department issued a decision in Hogan v. Iskalo Off. Holdings III LLC,… Read More
February 11, 2018
Plaintiff Cannot Withstand Summary Judgment By Showing Question of Fact on One Element of Fraud Claim if it Fails on Another Element
On January 22, 2018, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More
January 7, 2018
Summary Judgment Denied; Affidavit that Contradicts a Contemporaneous Document is Not a Sham Affidavit
On January 2, 2018, the First Department issued a decision in Kärst v. W.P. Carey Inc., 2018 NY Sli… Read More
November 30, 2017
Court Erred in Converting Motion to Dismiss into Motion for Summary Judgment
On November 28, 2017, the First Department issued a decision in Island Intellectual Prop. LLC v. Rei… Read More
October 27, 2017
Summary Judgment in Lieu of Complaint Precluded by Evidence of Lack of Consideration and Fraud
On October 11, 2017, the Second Department issued a decision in Denjonbklyn, Inc. v. Rojas, 2017 NY … Read More
October 13, 2017
Clear and Convincing Standard of Proof Not Applied at Summary Judgment
On September 28, 2017, Justice Friedman of the New York County Commercial Division issued a decision… Read More
August 1, 2017
Court Denies Summary Judgment Motion Due to Defendant's Failure to Attend Deposition
On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More
February 17, 2017
Guarantee of Borrower's Obligations Under Agreement Not Document Amenable to CPLR 3213 Action
On February 14, 2017, the First Department issued a decision in PDL Biopharma, Inc. v. Wohlstadter, … Read More
September 23, 2016
If Defendant Fails to Make Prima Facie Case, Court Need Not Consider Plaintiff's Opposition
On September 14, 2016, the Second Department issued a decision in Katz v. Beil, 2016 NY Slip Op. 059… Read More
September 19, 2016
Promissory Note's Reference to Sales Contracts Does Not Defeat Summary Judgment
On September 6, 2016, Justice Oing of the New York County Commercial Division issued a decision in K… Read More
June 26, 2016
Law of the Case Does Not Apply When a Summary Judgment Motion Follows Motion to Dismiss
On June 15, 2016, Justice Bransten of the New York County Commercial Division issued a decision in K… Read More
May 29, 2016
Summary Judgment Motion Denied Because Made Before Joinder of Issue
On May 24, 2016, the First Department issued a decision in Stone Column Trading House Ltd. v. Beogra… Read More
March 12, 2016
Refusal to Testify at Deposition Under Fifth Amendment Not Necessarily Fatal to Defense
On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More
February 1, 2016
Affidavit Contradicting Prior Testimony Insufficient to Create a Question of Fact
On January 7, 2016, Justice Ramos of the New York County Commercial Division issued a decision in La… Read More
November 22, 2015
Summary Judgment in Lieu of Complaint Reversed Because of Question of Fact Regarding Forgery
On November 18, 2015, the Second Department issued a decision in Kitovas v. Megaris, 2015 NY Slip Op… Read More
June 16, 2015
Guaranty Precluding Defenses Dooms Defense to Motion for Summary Judgment in Lieu of Complaint
On June 9, 2015, the Court of Appeals issued a decision in Cooperatieve Centrale Raiffeisen-Boerenle… Read More
May 21, 2015
Breach of Contract Inextricably Intertwined With Promissory Note Sufficient to Defeat Motion for Summary Judgment in Lieu of Complaint on the Note
On May 13, 2015, the Second Department issued a decision in Montecalvo v. Cat E., LLC, 2015 NY Slip … Read More
March 31, 2015
Motion In limine Denied as Belated Motion for Summary Judgment
On March 12, 2015, Justice Bransten of the New York County Commercial Division issued a decision in … Read More
March 27, 2015
Malpractice Defendants Seeking Summary Judgment Must Show that Plaintiff Cannot Prove its Claim
On March 18, 2015, the Second Department issued a decision in Smith v. Kaplan Belsky Ross Bartell, L… Read More
September 28, 2014
Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision i… Read More
September 5, 2014
Attorney Affidavit Admitted in Support of Motion for Summary Judgment
On August 27, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More
August 26, 2014
Court Grants Summary Judgment Even Though Defendants Sought More Discovery
On August 15, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in Fl… Read More
July 12, 2014
Claims Dismissed for Failure to Present Evidence of Proximate Causation
On June 30, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in M… Read More
July 3, 2014
Summary Judgment In Lieu of Complaint Available Even When There Are Conditions Beyond Failure to Pay
On June 19, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More
June 28, 2014
Court Should Have Decided Motion for Summary Judgment Even Though Filed More Than 120 days After the Note of Issue
On June 25, 2014, the Second Department issued a decision in Shao v. Cao, 2014 NY Slip Op. 04733, r… Read More
June 24, 2014
Summary Judgment Granted Despite Request for More Discovery
On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More
June 1, 2014
Motion for Summary Judgment in Lieu of Complaint Denied Because Right to Payment Not Ascertainable from Document
On May 20, 2014, Justice Sherwood of the New York County Commercial Division issued a decision in Go… Read More
May 5, 2014
Evidence Inadmissible Under Dead Man's Statute Admissible In Opposition to Summary Judgment
On March 31, 2014, Justice Schmidt of the Kings County Commercial Division issued a decision in Peck… Read More
February 11, 2014
Breach of Contract With Which Promissory Note Was Inextricably Intertwined Creates Defense to Payment of the Note
On January 21, 2014, Justice Demarest of the Kings County Commercial Division issued a decision in Z… Read More
January 3, 2014
Employee Promissory Notes to be Repaid from Earnings Not Amenable to Summary Judgment in Lieu of Complaint
On December 24, 2013, Justice Sherwood of the New York County Commercial Division issued a decision … Read More
December 26, 2013
Late Motion for Summary Judgment Rejected, Even When Styled as a Cross-Motion to a Timely-Made Motion
On December 24, 2013, the First Department issued a decision in Kershaw v. Hospital for Special Surg… Read More
November 5, 2013
Courts Continue to Wrestle with Standard for Reasonable Reliance in Commercial Contexts
On October 31, 2013, Justice Ramos of the New York County Commercial Division issued a decision in M… Read More
