On July 14, 2023, Justice Chan of the New York County Commercial Division issued a decision in Weisberg v. Standard, 2023 NY Slip Op. 32439(U), holding that a breach of a related contract cannot defeat a motion for summary judgment in lieu of complaint . . . Continue reading Breach of a Related Contract Cannot Defeat Motion for Summary Judgment in Lieu of Complaint on Note
On May 26, 2023, Justice Chan of the New York County Commercial Division issued a decision in Itria Ventures LLC v. Singh Oil Corp., 2023 NY Slip Op. 31809(U), holding that summary judgment in lieu of complaint was unavailable on a guaranty that required non-payment performance . . . Continue reading Summary Judgment in lieu of Complaint Unavailable on Guaranty Requiring Non-Payment Performance
On April 26, 2023, the Second Department issued a decision in 313 43rd St. Realty, LLC v. TMS Enters., LP, 2023 NY Slip Op. 02094, barring a second motion for summary judgment . . . Continue reading Summary Judgment Motion Barred by Single Motion Rule
On March 27, 2023, Justice Chan of the New York County Commercial Division issued a decision in HCC Ins. Holdings, Inc. v. Athenium Analytics LLC, 2023 NY Slip Op. 30943(U), awarding summary judgment in lieu of complaint based on a guaranty . . . Continue reading Court Awards Summary Judgment in Lieu of Complaint Based on Guaranty
On March 17, 2023, the Fourth Department issued a decision in Counsel Fin. II LLC v. Bortnick, 2023 NY Slip Op. 01441, holding that a suit on a guaranty could not be made under CPLR 3213 because extrinsic evidence was needed to show the amount owed . . . Continue reading Suit on Guaranty Could Not be Made Under CPLR 3213 Because Extrinsic Evidence Needed to Show Amount Owed
On March 14, 2023, the First Department issued a decision in RCM/CMG Portfolio Holding, LLC v. Giordano, 2023 NY Slip Op. 01265, rejecting affidavits filed in support of summary judgment that were inconsistent with earlier deposition testimony . . . Continue reading Court Rejects Affidavits Inconsistent With Earlier Deposition Testimony
On December 23, 2022, the Fourth Department issued a decision in On the Water Prods., LLC v. Glynos, 2022 NY Slip Op. 07320, excusing the failure to submit a statement of undisputed facts . . . Continue reading Court Excuses Failure to Submit Statement of Undisputed Facts
On December 8, 2022, the First Department issued a decision in Harman Agency, Inc. v. Wilhelmina Licensing LLC, 2022 NY Slip Op. 06998, affirming a grant of summary judgment made on a motion brought before discovery had begun . . . Continue reading Court May Grant Summary Judgment Before Discovery
On November 22, 2022, Justice Gomez of the Bronx County Commercial Division issued a decision in Worbes Corp. v. Sebrow, 2022 NY Slip Op. 34003(U), holding that a party cannot move for summary judgment before a preliminary conference is held . . . Continue reading Party Cannot Move for Summary Judgment Before a Preliminary Conference is Held
On October 25, 2022, the First Department issued a decision in Arena Invs., L.P. v. D’Angelo, 2022 NY Slip Op. 05945, holding that a guaranty made to two lenders was ambiguous regarding whether it could be enforced by only one of the lenders . . . Continue reading Guaranty Made to Two Lenders Ambiguous Regarding Whether it Could be Enforced by Only One Lender
