On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a note of issue because discovery was not complete . . . Continue reading Court Vacates Note of Issue Because of Incomplete Discovery
On July 25, 2025, Justice Patel of the New York County Commercial Division issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 32885(U), dismissing a fraud claim because, among other reasons, of group pleading of scienter . . . Continue reading Fraud Claim Dismissed Because of Improper Group Pleading of Scienter
On August 6, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in York Re Capital Partners, LLC v. Benussi, 2025 NY Slip Op. 51282(U), holding that service on a person in a coma was ineffective . . . Continue reading Service on Person in a Coma Ineffective
On August 20, 2025, the Second Department issued a decision in Greenpoint Mtge. Funding, Inc. v. Recinos, 2025 NY Slip Op. 04707, dismissing an action for failure timely to seek a default judgment . . . Continue reading Court Dismisses Action for Failure to Seek Default Judgment for Over a Year
On August 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 9th Ave Hotel Prop. Holding LLC, 2025 NY Slip Op. 51276(U), denying a motion to substitute in as a party because the movant failed to prove its standing . . . Continue reading In Order to Substitute in as a Party, the Movant Must Prove its Standing
On August 8, 2025, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2025 NY Slip Op. 51257(U), denying a discovery motion for failure to comply with the Commercial Division discovery dispute rules . . . Continue reading Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules
On August 13, 2025, the Second Department issued a decision in AccessLex Inst. v. Clunis, 2025 NY Slip Op. 04613, holding that a motion for summary judgment made before the close of discovery is not premature when the non-movant cannot identify additional discovery needed to oppose the motion . . . Continue reading Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion
On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
On August 13, 2025, the Second Department issued a decision in Spa Castle, Inc. v. Choice Agency Corp., 2025 NY Slip Op. 04676, holding that an insurance broker did not have a continuing duty to advise a client on appropriate coverage . . . Continue reading Insurance Broker Did Not Have Continuing Duty to Advise Client on Appropriate Coverage
