In a December 3, 2015 Commercial Division decision by Justice Demarest, the court dismissed a complaint in its entirety that alleged a breach of a contract for the sale of real property, and cancelled the corresponding notice of pendency filed against the subject property by the plaintiffs.
In a December 7, 2015 Commercial Division decision by Justice Bransten, the court granted the plaintiff’s motion for spoliation sanctions due to the defendant’s failure to preserve electronically stored information (“ESI”).
In an October 23, 2015 Commercial Division decision by Justice Ramos, the court denied a proposed settlement in a consolidated class action.
In a decision dated November 12, 2015, the Appellate Division, Second Department reversed an order from the Queens County Supreme Court, which denied the defendants’ motion to dismiss the plaintiff’s complaint.
In an October 27, 2015, Commercial Division decision by Justice Bransten, the court granted the plaintiffs’ motion for preliminary approval of a proposed class action settlement, which was supported by the defendants in the action.
In an August 4, 2015 Commercial Division decision by Justice Elizabeth Emerson, the court denied defendants’ motion for summary judgment to dismiss the complaint, and granted plaintiff’s cross-motion for summary judgment as to one of the defendants.
In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division, which granted the defendants’ motion to dismiss the complaint and for an award of attorney’s fees pursuant to 22 NYCRR 130-1.1.
In an April 15, 2015, Commercial Division decision by Justice Demarest, the court granted plaintiff-lender’s motion for summary judgment based on defendant-guarantor’s failure to repay a loan upon the borrower’s default under a related promissory note.
In a decision dated January 21, 2015, the Appellate Division, Second Department, affirmed an order from the Kings County Commercial Division granting defendant-developers’ motion to dismiss as time-barred plaintiff-contractor’s claims for breach of contract and unjust enrichment.
In a December 8, 2014, Commercial Division decision by Justice Ramos, the court granted defendants’ motion for injunctive relief and sanctions against plaintiff corporation and its majority shareholder in an action alleging that defendants exploited plaintiff’s confidential and proprietary information in breach of their fiduciary duties and employment agreements.
In a May 14, 2014 decision by Justice Platkin, the Commercial Division, Albany County, denied defendant contract vendee’s motion for summary judgment, and granted summary judgment to plaintiff seller of commercial real estate. Defendant made a down payment in the form of an “Initial Deposit” of $10,000, placed in escrow upon execution of the Agreement,… Continue Reading
In a June 13, 2014 Commercial Division decision by Justice Ramos, the court granted in part the plaintiff’s motion for an award of attorneys’ fees and expenses. This class action, which was settled by a negotiated stipulation of settlement, arose from the plaintiff’s allegations that the individual defendants breached fiduciary duties owed to the class… Continue Reading
In a May 14, 2014 Commercial Division decision by Justice DeStefano, the Court found that a plaintiff was entitled to advancement of attorneys’ fees to pay for the defense of counterclaims asserted against him. The litigation began with plaintiff, a shareholder, officer and former director bringing individual and derivative claims against the another shareholder and… Continue Reading
In a January 31, 2014 decision by Justice Ramos considering a breach of real estate contract, the court granted seller defendants’ motion for summary judgment on their counterclaims, dismissing the complaint, and allowing defendant Allied to retain the down payment and certain compaction payments. In addition, defendants were awarded attorneys’ fees based upon a “prevailing… Continue Reading
In a May 31, 2013 decision by Justice Demarest, the court granted a mortgagee’s motion for summary judgment for an Order of Reference and the appointment of a receiver. The litigation arose from a loan on a commercial property. Pursuant to the loan, the mortgagors were required to pay all property taxes and water charges. … Continue Reading
In a May 7, 2013 decision by Justice Kitzes, the court granted the plaintiff-subcontractor’s motion for summary judgment in part, as to the claim for breach of a subcontractor’s labor and material payment bond, which arose in connection with a public improvement construction project in Queens. The plaintiff commenced this action against the defendant-surety alleging… Continue Reading
In a May 8, 2013 decision by Justice Kitzes, the court granted the defendant Deutsche Bank’s motion for summary judgment dismissing the complaint, denied defendant Solda’s motion for summary judgment, and cancelled a notice of pendency against the East Elmhurst property (the “Property”) at issue, which was owned by Ferria. Deutsche Bank was previously awarded… Continue Reading
In a November 28, 2012 decision by Justice Bucaria, the court denied the petitioner’s motion to restrain the brokerage account of the respondent’s wife; on its own motion vacated its prior order confirming an arbitration award (the “Award”) and denied the petition to confirm the Award, but granted leave to recommence the petition in an… Continue Reading
In a July 16, 2012 decision by Justice Kapnick, the court granted in part and denied in part the defendant’s motion for leave to amend its verified answer and counterclaims. The case involved a fifteen year lease of a commercial space in a mixed use building entered into by the plaintiff- landlord (“Mauray”) and defendant-… Continue Reading
In a December 21, 2011 decision by Justice Fried, the court granted Brio’s motion for summary judgment with respect to its first cause of action seeking declaratory relief, and granted Brio’s motion for an award of reasonable attorney’s fees. Brio loaned Sanswire, a publicly-traded company that manufactures unmanned aerial reconnaissance vehicles, $125,000 subject to a… Continue Reading
In an October 26, 2011 decision by Justice Bucaria the court denied cross-motions for summary judgment finding that issues of fact precluded dismissing either parties’ claims. The dispute arose from National Grid’s retention of the defendant law firm to commence replevin actions to seize and recover utility meters from non-paying customers, in addition to other legal… Continue Reading
In an August 15, 2011 decision by Justice Driscoll, the court denied the plaintiff’s motion for a preliminary injunction to preclude the defendants from using the assets belonging to a general partnership, of which the parties were all partners, to pay the legal fees the defendants incurred in the litigation. The partnership owned a gold… Continue Reading
In an April 25, 2011 decision by Justice Warshawsky, the Court granted defendant’s motion to dismiss all six claims asserted, thus dismissing the action. Plaintiffs had contracted with defendant to install a vinyl swimming pool at plaintiffs’ Water Mill home. Ultimately, the pool was constructed, and plaintiffs complained of various defects. Specifically, plaintiffs complained that the… Continue Reading
In a July 8, 2011, decision by Justice Ramos, the court granted plaintiff-lender’s motion for summary judgment on its claims for breach of contract and guaranty, as well as dismissed defendant-borrower’s counterclaim and affirmative defenses. Notably, the court began its analysis with a footnote admonishing both parties for violating a practice rule providing that “Memos of… Continue Reading