Category: Summary Judgment

On February 9, 2022, Justice Knipel of the Kings County Commercial Division issued a decision in PS Funding, Inc. v. 863 E. 12th Holdings LLC, 2022 NY Slip Op. 30559(U), holding that an early motion for summary judgment cannot be defeated as being premature unless the non-movant can point to relevant evidence further discovery might reveal . . . Continue reading Early Motion for Summary Judgment Cannot be Defeated as Premature if Non-Movant Cannot Point to Relevant Evidence Discovery May Uncover

On February 18, 2022, Justice Ostrager of the New York County Commercial Division issued a decision in Fisher v. Lovaro LLC, 2022 NY Slip Op. 30565(U), holding that a revolving credit agreement was not an instrument for the payment of money only for CPLR 3213 purposes . . . Continue reading Revolving Credit Agreement Not Instrument for the Payment of Money Only for CPLR 3213 Purposes

On February 8, 2022, the First Department issued a decision in Arbor-Myrtle Beach PE LLC v. Frydman, 2022 NY Slip Op. 00806, holding that a motion for summary judgment in lieu of complaint on a guaranty was not barred by the existence of a larger transaction . . . Continue reading That Guaranty Was Part of a Larger Transaction Does Not Bar Motion for Summary Judgment in Lieu of Complaint

On January 27, 2022, the First Department issued a decision in SHG Resources, LLC v. SYTR Real Estate Holdings LLC, 2022 NY Slip Op. 00525, holding that a motion for summary judgment may not be brought before issue is joined . . . Continue reading Motion for Summary Judgment Not Allowed Before Joinder of Issue

On December 14, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in U.S. Bank N.A. v. Prinsecita Esther Corp., 2021 NY Slip Op. 32713(U), denying a motion for summary judgment for failure to support it by admissible proof . . . Continue reading Motion for Summary Judgment Must be Supported by Admissible Proof

On October 21, 2021, the First Department issued a decision in Starr Indem. & Liab. Co. v, U.S. Adjustment Corp., 2021 NY Slip Op. 05799, holding the summary judgment cannot be based on evidence submitted for the first time on reply . . . Continue reading Summary Judgment Cannot Be Based on Evidence Submitted for the First Time on Reply