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
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Bates Holdings II LLC v. ZB Prospect Realty, LLC, 2024 NY Slip Op. 34366(U), holding that the absence of evidence of payment in business records is sufficient evidence of non-payment . . . Continue reading Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment
On December 16, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Brooklyn 5511 Mgt. LLC v. Hang Feng 5511 LLC, 2024 NY Slip Op. 34372(U), denying a motion for summary judgment based on the single motion rule . . . Continue reading Court Denies Motion for Summary Judgment Based on the Single Motion Rule
On November 26, 2024, the First Department issued a decision in P1 Fin. v. Evergreen Bldrs. & Constr. Servs., Inc., 2024 NY Slip Op. 05897, holding that a motion for summary judgment in lieu of complaint cannot be based on a conditional agreement to pay . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay
On October 10, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in Blue Lagoon LLC v. Roth, 2024 NY Slip Op. 34051(U), holding that a motion for summary judgment in lieu of complaint must be accompanied by a summons . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Must be Accompanied by Summons
On October 23, 2024, Justice Chan of the New York County Commercial Division issued a decision in Vaster Sub II, LLC v. Safdieh, 2024 NY Slip Op. 33808(U), holding that a guaranty covering both payment and performance was not an instrument for payment of money only for purposes of a motion for summary judgment in lieu of complaint . . . Continue reading Guaranty Covering Both Payment and Performance Not Instrument for Payment of Money Only for CPLR 3213 Purposes
On October 15, 2024, Justice Chan of the New York County Commercial Division issued a decision in Starship Holdings, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 33740(U), that a motion for summary judgment in lieu of complaint must be denied because plaintiffs failed to give defendants legally sufficient advance notice of the motion . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Denied for Failure to Give Sufficient Advance Notice
On October 16, 2024, the Second Department issued a decision in Bank of N.Y. v. Levy, 2024 NY Slip Op. 05085, holding that a motion must be supported by business records, not just a records custodian affidavit attesting to the facts in the records . . . Continue reading Motion Must be Supported by Business Records, Not Just Records Custodian Affidavit Attesting to Facts in the Records
On September 6, 2024, Justice Crane of the New York County Commercial Division issued a decision in Oxford Fin. LLC v. Makesh, 2024 NY Slip Op. 33150(U), CPLR 3213 provides Continue reading Guaranty’s Reference to Other Agreements Does Not Preclude Award of Summary Judgment in Lieu of Complaint
On September 11, 2024, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. E39 St., LLC, 2024 NY Slip Op. 04417, holding that a lender was not entitled to summary judgment in a foreclosure action because its affiant lacked personal knowledge of the borrower’s default . . . Continue reading Summary Judgment for Foreclosure Denied Because Supporting Affiant Lacked Personal Knowledge of Non-Payment
