Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim
Commercial Case Notes / Default Judgment

Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim

On August 20, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2025 NY Slip Op. 33126(U), declining to grant a default judgment based on the failure to appear by counsel due to the plaintiff’s failure submit facts establishing its claim . . . Continue reading Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim

Exchange of E-Mails Agreeing to Settle Did Not Create Binding Agreement Because of Failure to Agree to Material Terms
Commercial Case Notes / Contracts

Exchange of E-Mails Agreeing to Settle Did Not Create Binding Agreement Because of Failure to Agree to Material Terms

On September 2, 2025, Justice Reed of the New York County Commercial Division issued a decision in CoPilot Travel, Inc. v. Magstar Capital, LLC, 2025 NY Slip Op. 51388(U), holding that an exchange of e-mails agreeing to settle did not create a binding settlement agreement because the parties did not agree on all the material terms of the agreement . . . Continue reading Exchange of E-Mails Agreeing to Settle Did Not Create Binding Agreement Because of Failure to Agree to Material Terms

Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief
Commercial Case Notes / Default Judgment

Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief

On August 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v Next Frontier Holdings, Inc., 2025 NY Slip Op. 33220(U), denying default judgment on claims where the plaintiff alleged facts only upon information and belief . . . Continue reading Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained
Commercial Case Notes / Evidence / Summary Judgment

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

On September 10, 2025, the Second Department issued a decision in Bank of Am., N.A. v. Barnett, 2025 NY Slip Op. 04861, holding that summary judgment on a foreclosure action was denied because the servicer’s supporting affidavit failure to establish a foundation for the facts it contained . . . Continue reading Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice
Commercial Case Notes / Court Rules and Procedures

Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice

On August 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in 435 Cent. Condo Dev. Holdings LLC v. Midtown Oaks JV Holdings LLC, 2025 NY Slip Op. 33103(U), denying a motion to discontinue without prejudice for failure to justify the lack of prejudice . . . Continue reading Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice

Contract Claim Dismissed for Failure Adequately to Allege the Formation of a Contract
Commercial Case Notes / Contracts

Contract Claim Dismissed for Failure Adequately to Allege the Formation of a Contract

On July 23, 2025, Justice Chan of the New York County Commercial Division issued a decision in Water Energy Servs. LLC v. SK Capital Partners LP, 2025 NY Slip Op. 33073(U), dismissing a claim for breach of an oral contract for failure adequately to allege the formation of a contract . . . Continue reading Contract Claim Dismissed for Failure Adequately to Allege the Formation of a Contract