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New York Commercial Division Case Compendium A Searchable Database of Court Decisions Issued by New York’s Commercial Division

Category Archives: Summary Judgment

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Second Department Modifies Order Regarding Application of UCC 4-201(1) to Bank’s “Charge-Back” to Attorney Trust Account for Funds Deposited Via Fraudulent Cashier’s Check

Posted in Banking, Summary Judgment

In a decision dated December 30, 2015, the Appellate Division, Second Department modified an order of Nassau County Commercial Division, Justice Hon. Stephen A. Bucaria, that granted the defendant’s motion for summary judgment dismissing the complaint and denied the plaintiffs’ cross-motion also seeking summary judgment on the complaint.

Real Estate Consultant Not a Procuring Cause of Joint-Venture’s Purchase of Assisted-Living Facility Sufficient to Entitle it to Commission or Finder’s Fee

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated December 2, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting defendant-real estate developer’s motion for summary judgment dismissing plaintiff-real estate consultant’s breach-of-contract and quasi-contract action for recovery of a broker’s commission in connection with defendant’s purchase of certain assisted-living facilities.

Court Denies Plaintiff Summary Judgment, Where Clause in Agreement Constituted Waiver of Right to Oppose Developer’s Application for Permits to Build Condominium Units

Posted in 2d Dept, Breach of Contract, Construction, Municipal, Summary Judgment

In an October 28, 2015 decision by the Appellate Division, Second Department, the panel affirmed Justice Elizabeth Emerson’s order denying the plaintiff’s motion for summary judgment on most of its claims, and granting some branches of the defendants’ cross motion for summary judgment dismissing some of the plaintiff’s claims.

Summary Judgment Dismissing Breach of Contract Claim Improper Where Critical Term Related to Enron’s Bankruptcy Estate Was Ambiguous, Requiring Assessment of Parol Evidence

Posted in Breach of Contract, Summary Judgment, Uncategorized

In a decision dated November 17, 2015, the Appellate Division, First department reversed an order from the New York County Commercial Division that granted the plaintiff, Impala Partners’ (“Impala”) motion for partial summary judgment dismissing defendant Borom’s breach of contract counterclaim.

Second Department Reverses Supreme Court’s Denial of Defendants’ Motion to Dismiss, Finding That Plaintiff Failed to Comply With Court Directive

Posted in 2d Dept, Attorneys' Fees, Breach of Contract, Discovery, Motion to Dismiss, Negligence, Summary Judgment

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.

Renovation Gone Wrong: Appellate Division Affirms Dismissal of Homeowner’s Restitution Claim against Home Improvement Contractor

Posted in 2d Dept, Breach of Contract, Construction, Summary Judgment

In a decision dated June 3, 2015, the Appellate Division, Second Department affirmed an order from the Kings County Commercial Division that denied the portion of the plaintiffs’ cross motion seeking summary judgment on its restitution claim against the defendants/third-party plaintiffs Perfect Renovation, Corp. (“PRC”) and its principal, Nadav Mazor, and granted the defendants’ motion… Continue Reading

When Fiduciary Duties of Directors Are Split Between Two Companies, They Must Demonstrate ‘Entire Fairness’ of Decision

Posted in Banking, Breach of Fiduciary Duty, Financial services, New York, Ramos, Charles E., Shareholder Dispute, Summary Judgment

In an October 23, 2015, Commercial Division decision by Justice Ramos, the court denied the Defendants’ motion for summary judgment in its entirety, while granting the plaintiff’s motion for summary judgment in part, to the limited extent of determining that the “entire fairness standard” applies when a decision of the Board of Directors is challenged… Continue Reading

Negligence and Breach of Contract Claims Related to Superstorm Sandy Property Damage Were Properly Dismissed as against Individual Defendant Acting as an Agent of a Disclosed Principal and Entirely in the Course and Scope of his Employment

Posted in Breach of Contract, Negligence, Summary Judgment

In a decision dated May 27, 2015, the Appellate Division, Second Department affirmed an order from the Nassau County Commercial Division granting the individual defendant’s motion for summary judgment dismissing causes of action sounding in negligence and breach of contract.

Owner’s Appeal to Exculpatory Clause In Construction Contract Upheld Despite Contractor’s Invocation of Gross Negligence Exception

Posted in 3d Dept, Breach of Contract, Construction, Negligence, Summary Judgment

In a decision dated July 30, 2015, the Appellate Division, Third Department affirmed an order from the Albany County Commercial Division granting defendant-owner’s motion for summary judgment dismissing plaintiff-contractor’s action for delay damages in connection with the renovation of a state hospital.

An Agent’s Authorized Sale of its Principal’s Property Passes Despite a Collateral Breach of the Agency Agreement

Posted in 4th Dept, Breach of Contract, Financial services, Summary Judgment

In a decision dated May 8, 2015, the Appellate Division, Fourth Department affirmed an order from the Erie County Commercial Division granting the defendant, RAB’s, cross-motion to dismiss the amended complaint and declaring that RAB was the rightful owner of certain consumer accounts receivable.

Attempts to Avoid Creditors Thwarted When Court Finds Evidence of Intent to Defraud Creditors, Granting Plaintiff Summary Judgment: All County Paving Corp. v Darren Constr. Inc.

Posted in Attorneys' Fees, Construction, Emerson, Elizabeth, Fraud, Suffolk, Summary Judgment

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.

Buyer Limited to Restricted Remedies Clause in Purchase & Sale Agreement; Specific Performance Not Meant to Provide Carte Blanche to Buyers to Evade Such Restrictions through Delay Tactics

Posted in Breach of Contract, Declaratory Judgment, New York, Real estate, Sherwood, O. Peter, Summary Judgment

In a May 26, 2015, New York County Commercial Division decision by Justice Sherwood, the court granted plaintiff-buyer’s motion for summary judgment dismissing defendant-seller’s counterclaim for specific performance of a real estate contract and denied defendant’s cross-motion for summary judgment on its counterclaim for return of its deposit.

Patently Denied: Court Denied Inventor’s Motion for Partial Summary Judgment in Action Regarding Assignment of Patents

Posted in Declaratory Judgment, Emerson, Elizabeth, Engineering, Summary Judgment

In a February 3, 2015, Commercial Division decision by Justice Emerson, the court denied plaintiffs’ motion for partial summary judgment.  This action was brought by plaintiff Vito Agosta (“Agosta”), an inventor who developed a method of burning liquid ammonia in diesel engines.  The action arose from an assignment of a patent application for Agosta’s invention… Continue Reading

Note to Guarantor Defending against an Alleged Failure to Pay upon Default: Don’t Question the Authenticity of Your Signature and Also Admit You Signed the Guaranty in the Same Affirmation in Opposition

Posted in Arbitration, Attorneys' Fees, Breach of Contract, Demarest, Carolyn E., Discovery, Guaranty, Kings, Limited Liability Companies, Summary Judgment

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.

Second Department Affirms Dismissal of Unjust Enrichment Counterclaim Due to Unclean Hands

Posted in 2d Dept, Breach of Contract, Real estate, Summary Judgment, Unjust Enrichment

In a decision dated July 23, 2014, the Appellate Division, Second Department affirmed an order from the Westchester County Commercial Division in this declaratory judgment action related to the legality and validity of a promissory note and related documents, granting the plaintiff-borrower’s motion for summary judgment dismissing the defendants-lenders’ counterclaim based on unjust enrichment.

Sanctions Entered Against Landlord’s Counsel for Failure to Issue Document Hold and Insufficient Document Productions Prior to Depositions

Posted in Bransten, Eileen, Legal, New York, Summary Judgment

In a March 4, 2015 Commercial Division decision by Justice Bransten, the court entered sanctions against counsel for defendant landlord, awarding attorneys’ fees on the motion and for related depositions. The court also granted in part the landlord’s motion to dismiss the cause of action of plaintiff tenant-law firm for breach of implied covenant of… Continue Reading