Peter Allen Weinmann
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 merchant-cash-advance/Revenue Purchase Agreement disputes -- a recurring subject on his docket -- he applies the standard three-factor loan-versus-sale test (a reconciliation provision, an indefinite term, and no lender recourse in bankruptcy) rigorously, and treats even a startlingly high imputed interest rate as legally irrelevant once the transaction structure satisfies that test; he will not credit a usury defense unsupported by any calculation or documentary evidence.
“In sum, the arrangement at bar did not qualify as a loan, thus it could not by definition be usurious.”
On statute-of-limitations and contract-disclaimer defenses in commercial disputes, he works through each pleaded cause of action individually rather than resolving a multi-count complaint in a single blended ruling, methodically applying the specific limitations period and documentary defense to each claim.
“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 administrative-law challenges (Article 78 proceedings against schools, universities, and municipalities), he applies the deferential arbitrary-and-capricious standard but will independently check an agency's or expert's cited statistics against the underlying source document rather than accepting them at face value, and will annul a determination that retroactively changes the rules on someone already relying on the prior standard.
“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
He requires strict documentary support for any request to award attorney's fees calculated as a percentage of a balance, denying the request outright (without prejudice to a properly supported renewal) rather than estimating a reasonable fee himself.
“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 discovery disputes implicating a non-party's privacy interests, he favors a conditional, staged process (in camera review first, redacted disclosure only if warranted) over an outright grant or denial of the underlying discovery demand.
“This Court hereby fashions a two-step conditional process to enable review and possible disclosure of the material.”
Facing a genuine case of first impression (whether a suspended attorney may self-represent to sue former clients), he works through the precise, limiting language of the underlying disciplinary order rather than reasoning from analogous cases' general holdings, and distinguishes cited precedent on the specific wording of the order or record at issue.
“In the first layer of analysis, this Court looks to the plain meaning of the language utilized by the Fourth Department.”
Cautions
A motion to disqualify opposing counsel or to recuse the presiding justice, if grounded only in speculation rather than a concrete evidentiary showing, will be denied even where the underlying facts (e.g. multiple represented parties, a request for supplemental briefing) sound superficially plausible.
“Plaintiff's allegations to substantiate the conflicts requiring disqualification, contend defendants, are speculative and hypothetical.”
A homeowners'-association or similar governing board that amends a subsidiary rulebook to reach conduct not addressed by its founding governance document, rather than following that document's own amendment procedure, risks having the added rule declared invalid regardless of the board's good-faith business judgment.
“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 multi-defendant Labor Law premises-liability cases, summary judgment outcomes can diverge sharply defendant-by-defendant on the same accident: a defendant tied to the work by only hearsay evidence was granted summary judgment, while the landowner facing a genuine factual dispute over supervisory control was denied it.
“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.”
“In conclusion... it is not protected by the business judgment rule.”
Put Judge Weinmann's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Weinmann actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Weinmann's own signed orders and cites them.