On September 24, 2026, the First Department issued a decision in Gilbert v. Powers, 2026 NY Slip Op. 05457, holding that questions of fact precluded summary judgment on an advice of counsel defense . . . Continue reading Questions of Fact Preclude Summary Judgment on Advice of Counsel Defense
On September 23, 2026, the Second Department issued a decision in Bank of Am., N.A. v. Discobath Prods., Inc., 2026 NY Slip Op. 05377, holding that a cllaimed need for more discovery was an insufficient basis to avoid summary judgment . . . Continue reading Claimed Need for More Discovery Insufficient Basis to Avoid Summary Judgment
On August 6, 2026, Justice Walsh of the Westchester County Commercial Division issued a decision in Gonzalez v. Marte, 2026 NY Slip Op. 51244(U), dismissing a motion for summary judgment in lieu of complaint due to short service . . . Continue reading Motion for Summary Judgment in Lieu of Complaint Dismissed Due to Short Service
On April 9, 2026, the First Department issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2026 NY Slip Op. 02150, holding that references to performance or other agreements does not disqualify a guaranty from disposition by summary judgment in lieu of complaint . . . Continue reading References to Performance or Other Agreements Does Not Disqualify a Guaranty from Disposition by Summary Judgment in Lieu of Complaint
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
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
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
On November 29, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Silver Point Fin., LLC v. Venetos, 2025 NY Slip Op. 34571(U), holding that the existence of loan collateral does not preclude collection of a defaulted loan against the guarantor . . . Continue reading Existence of Loan Collateral Does Not Preclude Collection Against Guarantor
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
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
