Dismissal of Claims on the Eve of Trial by the Commercial Division of Supreme Court of New York

Sean M. Lipsky and Elena Portales defended a New York company from claims that it breached an agreement to sell an investment property. On the day of trial, the Supreme Court of New York, Kings County, Commercial Part Judge granted Defendant’s in limine motion to dismiss virtually all of Plaintiff’s evidence regarding damages. As a result, Plaintiff’s $500,000 claim for damages was reduced to a mere $3,000.