Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Denied Because of Non-De Minimis Reference to Other Agreements

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

Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Guaranty Coupled With an Indemnification Agreement Not Suitable for Disposition on Motion for Summary Judgment in Lieu of Complaint

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

Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint
Commercial Case Notes / Summary Judgment

Plaintiff May Not Move for Summary Judgment Before Defendants Answer the 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

Absence of Evidence of Payment in Business Records is Sufficient Evidence of Non-Payment
Commercial Case Notes / Evidence / Summary Judgment

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 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

Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment in Lieu of Complaint Cannot be Based on Conditional Agreement to Pay

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