On May 20, 2025, McKool Smith secured a significant victory for Triller Group Inc. by successfully contesting a summary judgment motion filed by YA II PN, Ltd. in New York State Supreme Court. The motion was filed in lieu of a complaint under CPLR 3213, a procedure that allows plaintiffs to bypass traditional pleading and discovery when seeking a judgment.
YA II PN, Ltd. sought to recover more than $35 million based on a convertible promissory note and two guaranty agreements. However, Hon. Nancy M. Bannon denied the motion and converted the matter into a plenary action finding that the plaintiff’s request did not meet the standards for summary judgment under CPLR 3213.
Triller Group established three primary arguments to oppose the summary judgement motion: first, that the plaintiff’s claims were based on a series of interconnected agreements rather than a straightforward monetary obligation; second, that the alleged defaults involved non-monetary obligations and required interpretation of complex contractual provisions; and third, that resolving the dispute would require external evidence and factual analysis, making summary judgment under CPLR 3213 inappropriate.
“We are incredibly pleased with the result for our clients.” said McKool Smith Principal Courtney Statfeld. “Now that the plaintiff's motion for summary judgment has been appropriately converted into a complaint and the case into a plenary action, we look forward to vigorously litigating against their unfounded allegations.”
Along with Ms. Statfeld, the McKool Smith team includes firm Principal Robert Scheef, and Associates Laura Baron, Makayla Ashe, and Mariel Talmage.
The case is YA II PN, Ltd. v. Triller Group Inc. et al case number 659314/2024 in the Supreme Court of the State of New York, New York County.
