Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213
Commercial Case Notes / Summary Judgment

Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213

On January 5, 2026, Justice Cohen of the New York County Commercial Division issued a decision in TSLA Capitals, S.A.P.I. DE C.V. v. ATL Funds, LLC, 2026 NY Slip Op. 30133(U), holding that a note referring to performance as well as payment can still be an instrument for the payment of money only under CPLR 3213 . . . Continue reading Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213

Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213
Commercial Case Notes / Summary Judgment

Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213

On December 31, 2025, Justice Masley of the New York County Commercial Division issued a decision in Alliance Equity Group LLC v. Weiss, 2025 NY Slip Op. 35091(U), holding that a promissory note’s reference to other agreements did not make it not an instrument for the payment of money only for purposes of CPLR 3213 . . . Continue reading Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground
Commercial Case Notes / Evidence / Summary Judgment

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground

On January 6, 2026, the First Department issued a decision in Valley Natl. Bank v. Community Prot. Church of Co-op City, Inc., 2026 NY Slip Op. 00036, holding that a motion should not be denied based on the inadmissibility of the supporting evidence if the non-movant did not challenge the evidence on that ground . . . Continue reading Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground

Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty
Commercial Case Notes / Summary Judgment

Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty

On October 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Acore Capital Mtge., LP v. Foulger, 2025 NY Slip Op. 34184(U), holding that questions of fact regarding the amount owed barred summary judgment in lieu of complaint on an unconditional guaranty . . . Continue reading Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty

Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit

On October 16, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Crystal v. American Tr. Ins. Co., 2025 NY Slip Op. 34045(U), holding that a deposition transcript unsupported by a factual affidavit was sufficient support for a motion for summary judgment . . . Continue reading Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit

Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties

On October 10, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG JPM Term Funding LLC v. Chetrit, 2025 NY Slip Op. 33991(U), denying summary judgment in lieu of complaint on two guaranties because the amount owed was not clear on the face of the guaranties . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed

On October 2, 2025, the First Department issued a decision in Halgene Watch Ltd. v. Alex Capital Fund, LLC, 2025 NY Slip Op. 05301, holding that summary judgment in lieu of complaint must be denied because of question of fact regarding the amount owed . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed