On October 24, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Z & M Assoc. Inc. v. North & Main Realty Co., 2025 NY Slip Op. 51764(U), denying renewal for failure to justify the failure to submit evidence in support of the original motion . . . Continue reading Renewal Denied For Failure to Justify Failure to Submit Evidence With Original Motion
On October 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Citi Private Advisory, LLC v. Barrett, 2025 NY Slip Op. 34158(U), denying a sealing motion for failure adequately to document the need for sealing . . . Continue reading Sealing Motion Denied for Failure Adequately to Document Need for Sealing
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
On November 12, 2025, the Second Department issued a decision in Speyside Holdings, LLC v. Nebari Natural Resources Credit Fund I, LP, 2025 NY Slip Op. 06208, holding that an investor was not entitled to an injunction staying a foreclosure . . . Continue reading Investor Not Entitled to Injunction Staying Foreclosure
On November 12, 2025, the Second Department issued a decision in Wymara Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 06220, holding that res judicata applies even when new facts come to light regarding a previously-litigated claim . . . Continue reading Res Judicata Applies Even When New Facts Come to Light
On November 13, 2025, the First Department issued a decision in 417 N. Comanche St., LLC v. EMRES II Tex., LLC, 2025 NY Slip Op. 06245, holding that dismissal in favor o a prior pending action was proper despite differing damages theories . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Despite Different Damages Being Sought
On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in La Playastar Uno LLC v. Coco Hotel 1 LLC, 2025 NY Slip Op. 34114(U), denying a motion to seal because of a lack of factual justification . . . Continue reading Motion to Seal Denied for Lack of Factual Justification
On November 5, 2025, the Second Department issued a decision in Antebi v. Guindi, 2025 NY Slip Op. 06044, holding that a plaintiff waived his right to contractual interest . . . Continue reading Plaintiff Waived Contractual Right to Interest
On October 22, 2025, Justice Patel of the New York County Commercial Division issued a decision in Steffanci v. DFG Trademark Holdings LLC, 2025 NY Slip Op. 34072(U), declining to dismiss an action in favor of an earlier-filed action in another state . . . Continue reading Action Dismissed in Favor of Earlier-Filed Action in Another State
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
