In a June 6, 2025 decision by Justice Linda S. Jamieson in Moshe Bain v. Samuel Strulovitch, et al., the Westchester County Commercial Division denied two motions to dismiss in a complex dispute concerning ownership interests in a Mount Vernon nursing home and the real estate on which it operates. The litigation centers on
In Bardy v. Bonnem, Index No. 55909/2023, Justice Linda S. Jamieson of the Westchester County Commercial Division issued a detailed decision addressing contract formation, fiduciary duties, and quasi-contract claims in the context of a failed business venture.
Background
The case arose out of an alleged oral agreement between plaintiff Jack Bardy, an experienced hospitality
In Gregory F. Holcombe v. James L. Moskovitz and JOY-CPW, Inc., Index No. 67400/2024, Justice Linda S. Jamieson of the Westchester Commercial Division denied a motion to appoint a receiver over the judgment debtor’s business assets. The court found the request premature, as the plaintiff had not yet exhausted other available enforcement tools.
Background
Westchester Commercial Division Justice Linda S. Jamieson issued a detailed Decision and Order in Camsan Inc. v. OPRA III LLC, Index No. 64814/2022 (and related actions), addressing multiple motions involving mechanic’s liens filed against a large residential construction project in Rye. The decision clarifies the application of New York’s Lien Law in the context
The New York County Lawyers Association (NYCLA) recently celebrated a major milestone in the legal community, honoring the 30th Anniversary of the Commercial Division of the New York State Supreme Court. The event took place on March 4, 2025, at The Pierre Hotel in Manhattan, bringing together legal luminaries, corporate counsel, and judiciary members, including
In a recent decision in Beck Chevrolet Co., Inc. v. Brian Levine, Justice Linda S. Jamieson of the Westchester Commercial Division denied a motion for preliminary injunction brought by a Westchester-based car dealership against its former Sales Manager. The decision is a cautionary tale for employers asserting trade secret claims and seeking injunctive relief
An order of attachment is a provisional remedy that prevents a defendant from disposing of assets during the pendency of an action. In cases in which a defendant disposes of property with intent to defraud creditors or frustrate the enforcement of a judgment, Article 62 of the CPLR provides a mechanism to preserve those assets.
Business litigation often involves both contract and tort claims. A fraud or negligence claim that is deemed “duplicative” of a breach of contract claim, however, will be dismissed. When is that the case? The Westchester Commercial Division and the Appellate Division, Second Department recently answered this question in Oceanview Associates, LLC v. HLS Builders Corp.,
On Monday, June 8, I co-moderated a Virtual Town Hall discussion with Hon. Linda S. Jamieson and Hon. Gretchen Walsh about litigating in the Westchester Commercial Division during COVID-19 and beyond, the Court’s operations, and the methods the justices are using to move cases forward. The justices have worked very hard throughout the pandemic, and
It is not uncommon for litigants to sit on their rights and, after years have passed, argue that they are entitled to delayed accrual of their claims under the discovery rule. This was the key issue in a recent decision by Westchester Commercial Division Justice Linda S. Jamieson in Gelaj v. Gelaj, et al., Index
