All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Discovery/Disclosure / Summary Judgment

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

Commercial Case Notes / Labor/Employment

Question of Reasonable Scope of Restrictive Covenant Question for Trial

On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Digital Media Sys., Inc. v. Center Stage Cinema LLC, 2025 NY Slip Op. 51460(U), holding that the question of the reasonable scope of a restrictive covenant was an issue to be resolved at trial . . . Continue reading Question of Reasonable Scope of Restrictive Covenant Question for Trial

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Default Judgment

Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment

On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment . . . Continue reading Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations

On September 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Corten Real Estate 1213 Walnut GP, LLC v. Goldenberg, 2025 NY Slip Op. 33275(U), holding that questions of fact regarding whether the guarantor had satisfied its payment obligations under a guarantee precluded summary judgment in lieu of complaint . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
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

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
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