Nancy M. Bannon
How Judge Bannon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Yellowstone-injunction disputes she holds that a tenant need not show any likelihood of success on the merits, and will decline to weigh a landlord's competing expert evidence on the underlying default at the injunction stage, treating that evidence as relevant only to later proceedings.
“In order to obtain a Yellowstone injunction, a plaintiff need not establish a probability of success on the merits or the other elements normally required for a preliminary injunction. ... Any competing expert opinions would be considered in subsequent proceedings.”
She treats a years-long delay in producing a privilege log as categorically unreasonable and awards the moving party its fees for obtaining the belated disclosure, rather than simply compelling production going forward.
“The defendants' failure to identify the documents in the Third Privilege Log until almost four years after the plaintiffs demanded them, and after protracted discovery, litigation, and appellate practice in this matter, is categorically unreasonable behavior that evidences an egregious disregard for the rules of discovery.”
On summary judgment sought before discovery has begun in a straightforward guaranty-collection case, she is willing to grant liability while deferring damages and fee amounts to a Special Referee, rather than requiring the parties to wait for full discovery before any relief is granted.
“ORDERED that the motion of the plaintiff Kato International LLC for summary judgment is granted as to liability only on the first, second, and third causes of action in the complaint with damages ... to be determined at trial”
Procedural preferences
Faced with a party's repeated, well-documented discovery noncompliance, she prefers calibrated sanctions such as preclusion and fee-shifting under CPLR 3126 over the more drastic remedy of civil contempt, even when the underlying orders were clear and repeatedly violated.
“However, while under the circumstances, the court declines to hold the defendants in contempt, their conduct clearly warrants a remedy under CPLR 3126.”
She routinely refers discrete damages and fee-amount questions -- guaranty arrears calculations, contractual attorneys' fees -- to a Judicial Hearing Officer or Special Referee rather than resolving the dollar figures herself on the papers.
“ORDERED that a Judicial Hearing Officer ("JHO") or Special Referee shall be designated to hear and report to this Court on the following individual issues of fact ... the issue of the amount due to the plaintiff for reasonable attorneys' fees and costs”
She denies dispositive motions as premature where material discovery -- depositions, full document production -- remains outstanding, even when she otherwise rejects the non-movant's procedural defenses such as res judicata.
“Discovery is not complete in this case. The most recent status conference order ... indicates that depositions of the parties had not been held, and Malloy had not turned over all requested bank records. ... depositions and full document disclosure are necessary.”
Cautions
She will deny summary judgment in a disability-discrimination case where there is any triable question about whether a third party had authority to waive the plaintiffs' statutory or contractual rights, even where the defendants' waiver defense is otherwise well-documented.
“As there are triable issues of fact as to whether Ruffin had either actual or apparent authority to bind Ruth or Mary to the permanent agreement, the defendants have not established that Ruth and Mary waived their statutory or contractual rights.”
Her discretionary rulings do not always survive appeal on motions to dismiss and declaratory-judgment claims -- the Appellate Division, First Department has modified her denials of dismissal motions where it found a claim legally deficient (an unenforceable 'agreement to agree') or duplicative of a dismissed claim.
“Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered on or about March 31, 2025, which denied defendants' motion to dismiss the complaint, unanimously modified, on the law, to the extent of granting the motion to dismiss plaintiffs' first and second causes of action”
She will deny a sanctions request even where a party's litigation conduct has caused significant delay and expense, reserving frivolous-conduct findings for conduct that is completely without merit in law or asserted to harass, rather than mere aggressive advocacy.
“Applying this standard, the court concludes that sanctions are not appropriate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the plaintiff's motion for a preliminary injunction is granted and, pending final determination of this action, the defendant is hereby enjoined and restrained from the further prosecution of the summary holdover proceeding”
“ORDERED that the, plaintiff's motion is granted to the extent that it is awarded summary judgment as against the defendant Edwin Ward Bitter (1) on its fourth cause of action to recover on the guaranty for unpaid rent, rent arrears, and the unamortized portion of the rent concession ... in the total sum of $21,802.77 ... and the motion is otherwise denied”
“Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered October 7, 2015, which denied plaintiff's motion for a default judgment and granted defendant's cross motion to, among other things, compel plaintiff to accept its late answer, unanimously affirmed, with costs.”
“Order, Supreme Court, New York County (Nancy M. Bannon, J.), entered February 20, 2018, which denied plaintiff's motion for partial summary judgment declaring that plaintiff was not in breach of its lease agreement with defendant and that the notice to cure served upon it was defective, affirmed, without costs.”
“Hence, Feldman established his prima facie entitlement to judgment as a matter of law on his third cause of action, which seeks to recover for breach of contract as against Kambli. ... The motion is granted in part.”
“ORDERED that the motion of the plaintiff Kato International LLC for summary judgment is granted as to liability only on the first, second, and third causes of action in the complaint with damages ... to be determined at trial, and the motion is otherwise denied”
“However, while under the circumstances, the court declines to hold the defendants in contempt, their conduct clearly warrants a remedy under CPLR 3126.”
“ORDERED that the plaintiff's motion is granted to the extent that the defendants shall be precluded from offering evidence at trial or on any dispositive motion that relates to or concerns the same subject matter as the discovery that was demanded or ordered and not timely produced ... and the plaintiff is awarded $50,709.25, in attorneys fees and costs, and the motion is otherwise denied”
“ORDERED that the plaintiff's motion is denied without prejudice”
“ORDERED that defendant's cross-motion is denied without prejudice.”
“ORDERED that the motion of defendants Ecumenical Community Development Organization, Inc. (ECDO), ECDO Management Corporation (ECDO Management), and Richard Wright Houses, L.P. (RWH) is denied in its entirety”
“ORDERED that plaintiff's motion for a Yellowstone injunction is granted; and it is further, ORDERED that, pending final adjudication of this matter, the defendant is hereby enjoined and restrained from terminating or cancelling the plaintiff's lease”
“ORDERED that the plaintiffs' motion (SEQ 011) is granted to the extent that (1) the defendants shall produce all documents identified in the Third Privilege Log, except for the privileged documents identified under GIL016754-16765 and GIL016776-16807 ... and (3) the defendants shall pay to the plaintiffs the reasonable attorneys' fees and costs of obtaining the disclosure ... and the motion is otherwise denied”
“ORDERED that the defendants' motion (SEQ 012) is granted to the extent that the plaintiffs' discovery demands are stricken to the limited extent that they seek the privileged materials prepared in anticipation of litigation identified in the Third Privilege Log ... and the motion is otherwise denied”
“The following e-filed documents ... were read on this motion to/for REARGUMENT/RECONSIDERATION”
Put Judge Bannon's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Bannon actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Bannon's own signed orders and cites them.