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
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
