Guaranty’s Reference to Performance of Obligations Did Not Bar Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Guaranty’s Reference to Performance of Obligations Did Not Bar Summary Judgment in Lieu of Complaint

On August 2, 2024, Justice Patel of the New York County Commercial Division issued a decision in Acquiom Agency Servs. LLC v. Fox Capital LLC, 2024 NY Slip Op. 51000(U), holding that a guaranty’s reference to performance of obligations did not bar summary judgment in lieu of complaint . . . Continue reading Guaranty’s Reference to Performance of Obligations Did Not Bar Summary Judgment in Lieu of Complaint

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear
Commercial Case Notes / Service of Process / Summary Judgment

Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

On July 23, 2024, Justice Chan of the New York Commercial Division issued a decision in SD Stability SDIRA, LLC v. Maxben Holdings, LLC, 2024 NY Slip Op. 32556(U), holding that the return date for a motion for summary judgment in lieu of complaint must be after the defendant’s time to appear . . . Continue reading Return Date for Motion for Summary Judgment in Lieu of Complaint Must be After the Defendant’s Time to Appear

Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based
Commercial Case Notes / Evidence / Summary Judgment

Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based

On June 26, 2024, the Second Department issued a decision in MTGLQ Invs., L.P. v. Daleo, 2024 NY Slip Op. 03477, holding that an affidavit submitted to prove non-payment of a loan must include the business records upon which the affidavit is based . . . Continue reading Affidavit Submitted to Prove Non-Payment of Loan Must Include Business Records Upon Which the Affidavit is Based

Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance

On June 11, 2024, Justice Cohen of the New York County Commercial Division issued a decision in Manhattan Real Estate Fund, LP v. Paz, 2024 NY Slip Op. 32017(U), denying a motion for summary judgment in lieu of complaint on a guaranty because the guaranty covered both payment and performance . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Guaranty Covered Both Payment and Performance

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable

On April 19, 2024, Justice Chan of the New York County Commercial Division issued a decision in RS E Orange LLC v. Proudliving Cos., LLC, 2024 NY Slip Op. 31451(U), denying a motion for summary judgment in lieu of complaint because the amount owed was not readily ascertainable . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amount Owed Not Readily Ascertainable

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment
Commercial Case Notes / Summary Judgment

Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

On April 24, 2024, the Second Department issued a decision in Kitchen Winners NY, Inc. v. Triptow, 2024 NY Slip Op. 02181, holding that a plaintiff was not entitled to summary judgment in lieu of complaint because there were questions of fact beyond simple proof of nonpayment . . . Continue reading Plaintiff Not Entitled to Summary Judgment in Lieu of Complaint Because There Were Questions of Fact Beyond Simple Proof of Nonpayment

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint
Commercial Case Notes / Summary Judgment

Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

On April 5, 2024, Justice Chan of the New York County Commercial Division issued a decision in Wietschner v. 9 Vandam JV LLC, 2024 NY Slip Op. 31172(U), holding that questions of fact regarding whether a note was in default precluded a motion for summary judgment in lieu of complaint . . . Continue reading Questions of Fact Regarding Whether a Note Was in Default Precluded Motion for Summary Judgment in Lieu of Complaint

To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case
Commercial Case Notes / Summary Judgment

To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

On April 3, 2024, the Second Department issued a decision in Incorporated Vil. of Freeport v. Albrecht, Viggiano, Zurich & Co., P.C., 2024 NY Slip Op. 01800, holding that to prevail on summary judgment, a defendant must establish a factual basis for non-liability and not just identify gaps in the plaintiff’s case . . . Continue reading To Prevail on Summary judgment, a Defendant Must Establish a Factual Basis for Non-Liability and Not Just Identify Gaps in the Plaintiff’s Case

Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment
Commercial Case Notes / Summary Judgment

Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment

On March 15, 2024, the Fourth Department issued a decision in Vial v. Velocity Servers, Inc., 2024 NY Slip Op. 01464, holding that a trial court erred in granting summary judgment on a claim that was not the subject of a motion to summary judgment . . . Continue reading Court Erred in Granting Summary Judgment on a Claim That Was Not the Subject of a Motion for Summary Judgment