Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract
Commercial Case Notes / Contracts / Summary Judgment

Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

On September 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Jefferies LLC v. Blaize Holdings, Inc., 2025 NY Slip Op. 33272(U), holding that an action for summary judgment in lieu of complaint cannot be based on a mere breach of contract . . . Continue reading Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
Commercial Case Notes / Discovery/Disclosure / Summary Judgment

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations

On September 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Corten Real Estate 1213 Walnut GP, LLC v. Goldenberg, 2025 NY Slip Op. 33275(U), holding that questions of fact regarding whether the guarantor had satisfied its payment obligations under a guarantee precluded summary judgment in lieu of complaint . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained
Commercial Case Notes / Evidence / Summary Judgment

Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

On September 10, 2025, the Second Department issued a decision in Bank of Am., N.A. v. Barnett, 2025 NY Slip Op. 04861, holding that summary judgment on a foreclosure action was denied because the servicer’s supporting affidavit failure to establish a foundation for the facts it contained . . . Continue reading Summary Judgment Denied Because Supporting Affidavit Failed to Establish Basis for the Facts it Contained

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

On August 7, 2025, Justice Crane of the New York County Commercial Division issued an order in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 33005(U), holding that, performance guaranties did not bar the enforcement of payment guaranties by summary judgment in lieu of complaint . . . Continue reading Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint

Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion
Commercial Case Notes / Summary Judgment

Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion

On August 13, 2025, the Second Department issued a decision in AccessLex Inst. v. Clunis, 2025 NY Slip Op. 04613, holding that a motion for summary judgment made before the close of discovery is not premature when the non-movant cannot identify additional discovery needed to oppose the motion . . . Continue reading Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion

That Lender Chose Not to Demand Repayment of Note for 15 Years Did Not Make it Not an Instrument for the Payment of Money Only
Commercial Case Notes / Summary Judgment

That Lender Chose Not to Demand Repayment of Note for 15 Years Did Not Make it Not an Instrument for the Payment of Money Only

On June 26, 2025, Justice Chan of the New York County Commercial Division issued a decision in Canaan Equity Partners III, LLC v. Verance Corp., 2025 NY Slip Op. 32540(U), holding that even though a lender chose not to demand repayment of a note for 15 years did not make the note not an instrument for the payment of money only . . . Continue reading That Lender Chose Not to Demand Repayment of Note for 15 Years Did Not Make it Not an Instrument for the Payment of Money Only

Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment
Commercial Case Notes / Summary Judgment

Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment . . . Continue reading Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment

Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated

On May 19, 2025, Justice Bannon of the New York County Commercial Division issued a decision in YA II PN, Ltd. v. Triller Group Inc., 2025 NY Slip Op. 31974(U), denying summary judgment in lieu of complaint where there were fact issues regarding whether a note was in default and thus accelerated . . . Continue reading Summary Judgment in Lieu of Complaint Denied Where There Were Fact Issues Regarding Whether the Note Was in Default and Thus Accelerated