Schlam Stone & Dolan LLP

On October 11, 2024, Justice Melissa A. Crane granted in part and denied plaintiff’s motion for summary judgment in lieu of complaint in Acore Capital Mortgage, LP v. Bridge Office Fund LP et al., Index No. 651484/2024. The Court concluded that plaintiff had established its prima facie case as to liability under various loan documents and associated guarantees. As to damages, the Court rejected defendants’ argument that the damages calculations were vague and unsupported. It denied plaintiff’s motion as to attorney’s fees. The Court explained: See the full link here: https://lnkd.in/ed3bgWdr

On October 15, 2024, Justice Margaret A. Chan issued a Decision and Order in Vision Biobanc Holdings LLC v. Derek R. Taller, Index No. 651706/2024, granting Plaintiff Vision Biobanc Holdings LLC’s (the “Company” or “Vision”) motion for a preliminary injunction that, in essence, barred Defendant Taller from acting on behalf of the Company or transferring any funds of the Company. The relationship between the Company’s largest investor, Barry Saxe, and Taller had soured and Saxe and other members of the Company ultimate removed Taller from his positions as CEO and Chairperson. When he learned of his ouster, Taller allegedly undertook several actions, including attempting to transfer $550,000 from an account of the Company. The Court granted Vision’s motion for a preliminary injunction against Taller, explaining: See the full link here: https://lnkd.in/echpsWBH

On September 27, 2024, Justice Margaret A. Chan denied defendants’ motion to dismiss a commercial foreclosure action in Aareal Capital Corp. et al. v. 462BDWy Land, L.P. et al., Index No. 850639/2023. The defendants moved to dismiss based on defective verification and plaintiffs’ alleged lack of standing. The Court denied the motion, explaining:  See the full link here: https://lnkd.in/eG-KJu2X

Very proud to report that my partner Jessica Caterina and I, Jeffrey M. Eilender, just successfully obtained an order of contempt with possible imprisonment against recalcitrant former corporate officer for refusing to produce corporate books and records in breach of fiduciary duty matter. See the attached for further information.

Schlam Stone & Dolan Managing Partner Jeffrey M. Eilender Discusses Litigation Privilege The litigation privilege protects a lawyer, and a client acting at the behest of his or her lawyer, from defamation claims arising from statements made about pending or anticipated litigation.   In this short video, Schlam Stone & Dolan managing partner Jeffrey Eilender discusses how the litigation privilege has evolved over the years in New York, and what specific limitations courts have placed on it.   See the full link here: https://lnkd.in/eYje3TUX

On October 15, 2024, Justice Margaret A. Chan denied plaintiffs’ motion for summary judgment in lieu of complaint and dismissed the action after finding that the return date on the motion had occurred before the defendants’ time to respond elapsed. In Starship Holdings, LLC, et al., v. Maxben Holdings, LLC, et al., Index No. 651427/2024, the plaintiffs initially commenced an action for repayment on a loan agreement and note by summons and notice. The summons and notice were served on defendants on March 21, 2024. Plaintiffs also filed a notice of motion for summary judgment in lieu of complaint, setting a return date of April 9, 2024. As a result, the return date of the motion occurred only 19 days after service was completed on defendants—before the time either defendant was required to respond. See the full link below: https://lnkd.in/esxv2X5g

On October 3, 2024, Justice Joel M. Cohen denied a motion to stay arbitration brought by an employee against his former employer, holding that the employer’s decision to seek urgent protective relief from the Court did not waive its right to arbitrate. In Jason Owen v. Array U.S. Inc., et al., Index No. 651471/2022, Jason Owen asserted claims for breach of contract in court against his employer, Array, based upon alleged wrongful termination and denial of compensation. During the briefing of a motion to dismiss in the case, Owen filed several documents on the public docket that Array moved to seal as confidential. The Court granted the sealing motion. Array then initiated a JAMS arbitration proceeding, claiming that Owen had misappropriated confidential information that had been publicly disclosed in the court filings. Owen responded by moving to permanently stay the arbitration on the ground that Array had waived its right to arbitrate. See the full post here: https://lnkd.in/e7JQ4e5F

On August 27, 2024, in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., Index No. 655283/2023, Justice Margaret A. Chan found all but one of a defendant’s eight Requests for Admission to be improper.  The case concerned whether an amendment to the parties’ contract extended the Service Term for all four of the tanks that the contract concerned, or whether, rather, it merely added an extra tank. See the full link here: https://lnkd.in/ek8G39AA

On September 25, 2024, Justice Nancy M. Bannon granted partial summary judgment on various claims amongst subcontractors and sub-subcontractors, and by them against sureties, relating to renovations at the Javits Center in Manhattan. The case is Interebar Fabricators LLC v C.B. Contr. Corp., Index No. 655852/2021. See the full link here: https://lnkd.in/eUNsBWW5

On October 16, 2024, Justice Meilssa A. Crane denied a plaintiff’s motion to amend in substantial part, in a case brought by companies affiliated with the rapper 50 Cent seeking to recover for alleged misconduct by various Jim Beam liquor companies, their affiliates, or persons alleged to have participated in misconduct with them. The case is Sire Spirits, LLC v. Beam Suntory, Inc., Index No. 650799/2024. See the full link here: https://lnkd.in/eiq8-ewn