On April 11, 2025, Justice Masley of the New York County Commercial Division issued a decision in Beach v. Touradji Capital Mgt., LP, 2025 NY Slip Op. 31321(U), denying a motion for directed verdict because questions of fact remained unresolved . . . Continue reading Court Denies Motion for Directed Verdict Because of Unresolved Questions of Fact
On March 28, 2025, Justice Patel of the New York County Commercial Division issued a decision in ACM Zoomcar Convert LLC v. Zoomcar Holdings Inc., 2025 NY Slip Op. 31374(U), holding that the need for proof of the failure to pay does not bar a motion for summary judgment in lieu of complaint . . . Continue reading Need for Proof of Failure to Pay No Bar to Motion for Summary Judgment in Lieu of Complaint
On April 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in PFNGT LLC v. Liquid Capital LLC, 2025 NY Slip Op. 31518(U), holding that ancillary clauses do not make a guaranty not an ‘instrument for the payment of money only . . . Continue reading Ancillary Clauses Do Not Make a Guaranty Not an Instrument for the Payment of Money Only
On March 20, 2025, justice Chan of the New York County Commercial Division issued a decision in Montreux Partners II, LP v. Commissions Import-Export S.A., 2025 NY Slip Op. 50441(U), denying a motion for summary judgment in lieu of complaint because of non-de minimis references to other agreements . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements
On April 9, 2025, the Second Department issued a decision in U.S. Bank N.A. v. Winnie Realty Group, LLC, 2025 NY Slip Op. 02097, rejecting a referee’s report because it was based on an insufficient supporting affidavit . . . Continue reading Referee’s Report Based on Faulty Affidavit Rejected
On March 31, 2025, Justice Reed of the New York County Commercial Division issued a decision in 470 4th Ave. Fee Owner, LLC v. Adam Am. LLC, 2025 NY Slip Op. 50396(U), declining to consider an attorney affirmation as evidence . . . Continue reading Court Declines to Consider Attorney Affirmation as Evidence
On March 20, 2025, the First Department issued a decision in Puritan Partners LLC v. Breezer Holdings, LLC, 2025 NY Slip Op. 01723, holding that the motion court should have allowed discovery before granting summary judgment on a usury claim . . . Continue reading Court Should Have Allowed Discovery Before Granting Summary Judgment on Usury Claim
On February 13, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fundamental Partners III LP v. Voss, 2025 NY Slip Op. 30575(U), holding that a guaranty coupled with an indemnification agreement was not suitable for disposition on a motion for summary judgment in lieu of complaint . . . Continue reading Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint
On January 15, 2025, Justice Reed of the New York County Commercial Division issued a decision in Mermelstein v. Waspit Group, Inc., 2025 NY Slip Op. 50027(U) [84 Misc 3d 1263(A)], holding that a plaintiff may not move for summary judgment before the defendants answer the complaint . . . Continue reading Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint
On January 7, 2025, the First Department issued a decision in Bullaro v. Ledo, Inc., 2025 NY Slip Op. 00040, upholding the dismissal of a motion for summary judgment under Continue reading Summary Judgment Motion Denied Under the Single Motion Rule
