Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty
Commercial Case Notes / Summary Judgment

Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty

On October 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Acore Capital Mtge., LP v. Foulger, 2025 NY Slip Op. 34184(U), holding that questions of fact regarding the amount owed barred summary judgment in lieu of complaint on an unconditional guaranty . . . Continue reading Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty

Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit

On October 16, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Crystal v. American Tr. Ins. Co., 2025 NY Slip Op. 34045(U), holding that a deposition transcript unsupported by a factual affidavit was sufficient support for a motion for summary judgment . . . Continue reading Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit

No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues
Commercial Case Notes / Motion to Dismiss / Venue

No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues

On October 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CPIF Bloomington, LLC v. Prager, 2025 NY Slip Op. 34027(U), declining to dismiss an action in favor of a prior pending action because of an insufficient overlap of issues . . . Continue reading No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues

Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign
Commercial Case Notes / Contracts

Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign

On October 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Vaporvm Holding Corp. v. Fayazi, 2025 NY Slip Op. 34028(U), holding that a party was bound by an agreement he signed, despite claims that it was not the agreement he intended to sign . . . Continue reading Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign