Peter Allen Weinmann
How Judge Weinmann rules, drawn from 16 signed orders. Every observation links to the order it came from.
About Judge Weinmann
Peter Allen Weinmann is a New York Court of Claims judge assigned as an acting Supreme Court justice in Erie County. He was confirmed to the Court of Claims in 2024 and sworn in for his Erie County assignment in January 2025. He graduated from Case Western Reserve University and later earned a law degree.
Judge Weinmann's practices and standing orders
Rules for cases before Judge Weinmann, as published on the court's website (checked October 11, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Contacting chambers
Email correspondence to the secretary rather than submitting it through NYSCEF.
“all correspondence must be emailed to the Court’s secretary or included as an attachment to the email. Do not submit correspondence via NYSCEF.”
Filing
Provide hard courtesy copies of motion papers, answers and cross-motions to chambers within one week of e-filing.
“Hard courtesy copies of motion papers, answering papers and cross motions must be supplied to chambers within at least one week of e-filing.”
Discovery
Before filing a discovery motion, schedule an attorney discovery conference with the law clerk via Teams.
“Before filing a Discovery Motion, counsel must schedule an attorney Discovery conference with the law clerk via Teams.”
Conferences
Seek adjournments by emailing the court secretary with all parties copied; consent and court approval are required.
“Adjournments will be granted with the consent of all parties, subject to the Court’s approval, by emailing the Court’s secretary. All parties must be copied.”
How Judge Weinmann decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Ilend Advance LLC v. Her Marketing Concepts, Inc., Judge Weinmann rejected the usury defense because he found that the revenue-purchase arrangement was not a loan.
“In sum, the arrangement at bar did not qualify as a loan, thus it could not by definition be usurious.”
In Melrose Fintech Ventures, LLC v. MarineMax Northeast, LLC, he addressed each of the complaint's fourteen causes of action separately before granting the defendants' dismissal motions.
“Turning to defendant #1 MarineMax, each of the 14 causes of action in the laundry list composed from the Complaint and the Affirmation are addressed as follows”
In Rivera v. State University of New York at Buffalo, he annulled the university's determination after finding it arbitrary to apply new academic-standing rules to a student admitted under earlier published standards.
“Changing the standards for maintaining academic standing may be arguably arbitrary but applying those new standards to students already admitted and enrolled under previously-published and different academic standards is unquestionably arbitrary and capricious.”
Procedural preferences
In Kalamata Capital Group, LLC v. Aaction Power Equipment LLC, he deferred the attorneys' fee request and directed counsel to file a separate motion with an affidavit of calculations and a bill of costs.
“it is incumbent upon plaintiff's counsel to submit a Motion with an affidavit of calculations and Bill of Costs before the Court is in a position to award attorney's fees.”
In A.B. v. Wright, he set a two-step process for reviewing a nonparty's material and deciding whether any redacted disclosure was warranted.
“This Court hereby fashions a two-step conditional process to enable review and possible disclosure of the material.”
In Hogan v. Van Buren, Weinmann began the question of whether a suspended attorney could sue former clients on his own behalf by examining the plain wording of the Fourth Department's disciplinary order.
“In the first layer of analysis, this Court looks to the plain meaning of the language utilized by the Fourth Department.”
Cautions
In Franklin v Mutual Mens Club, Inc., Weinmann denied a motion to disqualify defense counsel because the plaintiff offered no clear evidence of a conflict among the represented defendants; he also denied the related recusal motion.
“In the matter at bar, it is purely speculative and hypothetical whether any defendants have differing interests. The only allegations concerning ‘interests’ have been made by Plaintiff. Not a single one of the 5 co-defendants has alleged differing interests, and neither has Plaintiff proffered any ‘clear evidentiary showing.’”
In Zinno v. Waterford Village Association, Inc., he held the association's new front-yard ice-rink rule invalid because its board had used architectural guidelines to amend the declaration without the required homeowner vote.
“The Board's action in relying on the Architectural Guideline's creation as a vehicle to add the ice-skating rink, rather than proceeding with the vote of 100 homeowners, outright amends the Declaration without any 67% vote.”
In Venne v. Niagara Farms, Weinmann granted Nassoiy summary judgment because the record raised no factual issue about his involvement in the accident. He denied summary judgment to the landowner on a disputed question of supervisory control.
“Accordingly, there is no question of fact whatsoever concerning Nassoiy's involvement with the accident... His motion for summary judgment is therefore granted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED, that Plaintiff's motion for summary judgment against the defendants, MULLINS RENOVATION & CONSTRUCTION LLC D/B/A MULLINS RENOVATION & CONSTRUCTION and DEREK REID MULLINS for breach of contract is GRANTED”
“ORDERED, that Defendants' request for reverse summary judgment against the Plaintiff, BYZFUNDER NY LLC D/B/A BYZFUNDER is DENIED”
“In conclusion, Plaintiff's motions are hereby DENIED.”
“For the following reasons, this Court declines to recuse.”
“ORDERED, that the defendants' motion granting summary judgment in favor of the defendants and dismissing Plaintiff's Complaint in its entirety, on the merits, and with prejudice, is GRANTED”
“ORDERED, that the remainder of defendants' relief is DENIED.”
“This Court hereby fashions a two-step conditional process to enable review and possible disclosure of the material. First, the defendants are hereby required to supply the requested documents within 30 days of entry of the Order to the Court for an in camera review.”
“The petition is granted, and the determination made by respondents is annulled... This court hereby orders the reinstatement of Madeline Rivera to active student status, commencing with the 2025-2026 academic year.”
“Because this Court holds that one of the three prongs required to grant injunctive relief -- irreparable harm -- is lacking, this Court does not address the remaining two prongs while addressing the motion for a preliminary injunction.”
“As a result, the balance of the equities clearly weighs in favor of the mitigation of risk of transmission. One transmission of meningitis is too much. The petition is therefore denied.”
“this Court awards final sole custody and medical and educational decision-making authority to plaintiff father with the following terms of visitation for the defendant mother”
“In conclusion, there are no questions of fact to justify a denial of plaintiff's motion for summary judgment... Plaintiff's motion for summary judgment is therefore granted.”
“In conclusion, Petitioner has proven that the Town's action was arbitrary and illegal; a violation of lawful procedure; and constituted an error of law. The Petition is therefore granted.”
“Accordingly, because there are legitimate questions of fact requiring a trial, Summary Judgment vis-a-vis Niagara Farms must be denied.”
“His motion for summary judgment is therefore granted.”
“Thus there are no issues of fact presented by this scenario to deny co-defendant Iris Tower Summary Judgment.”
“Accordingly, defendant #2 Brunswick Product Protection's motion to dismiss all claims against it for failure to state a claim (CPLR 3211 [a] 7) is hereby granted.”
“In conclusion, there are no grounds to deny both defendants' motions to dismiss. Accordingly, as sad as it is for plaintiff to accept the results, his ship has sailed.”
“The HOA's rule prohibiting ice skating rinks in front yards is therefore declared invalid. Accordingly, it is not protected by the business judgment rule.”
“both Counsel seek Summary Judgment for their respective positions. ... The HOA's rule prohibiting ice skating rinks in front yards is therefore declared invalid. ... Furthermore, the accumulated fines against the Zinnos are hereby ruled null and void.”
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