On March 5, 2024, the First Department issued a decision in Marjan Intl. Corp. v. Lillian Aug. Designs, Inc., 2024 NY Slip Op. 01160, enforcing a waiver of the right to contest that a guaranty was not an instrument for the payment of money for the purposes of CPLR 3213 . . . Continue reading Waiver of Right to Contest that a Guaranty Was For CPLR 3213 Purposes Enforcable
On October 31, 2023, the First Department issued a decision in Cicardo Natl., Inc. v. Loeb, 2023 NY Slip Op. 05465, upholding the dismissal of a claim based on an oral contract when there was no corroborating documentary evidence of that contract . . . Continue reading Defendant Entitled to Summary Judgment Dismissing Claim Based on Oral Contract When there was no Corroborating Documentary Evidence
On October 12, 2023, the First Department issued a decision in Advanced Alternative Media, Inc. v. Hindlin, 2023 NY Slip Op. 05181, holding that an attorney affirmation can be used to submit a contract in support of a summary judgment motion . . . Continue reading Attorney Affirmation Can Be Used to Submit Contract on Summary Judgment
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
