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

Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction
Choice of Forum/Forum Non Conveniens / Commercial Case Notes

Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction

On July 31, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Cyberbit, Inc. v. Cloud Range Cyber, LLC, 2025 NY Slip Op. 33078(U), holding that a person who was not a party to an agreement was nonetheless bound by its forum selection clause because of his close relationship to the transaction . . . Continue reading Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction