February 2026

Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails

On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a claim for breach of the implied covenant of good faith and fair dealing based on the same facts, and seeking the same damages, as a breach of contract claim was duplicative and should be dismissed . . . Continue reading Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails

On January 27, 2026, the First Department issued a decision in Blumenfeld v. Smith, 2026 NY Slip Op. 00308, holding that a demand for a bill of particulars seeking evidentiary material was improper . . . Continue reading Demand for Bill of Particulars Seeking Evidentiary Material Improper

On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud

On January 21, 2026, the Second Department issued a decision in Sharma v. Mullins, 2026 NY Slip Op. 00276, holding that someone who is not an aggrieved party cannot appeal, even if the decision has language or reasoning adverse to them . . . Continue reading Someone Who is Not Aggrieved Party Cannot Appeal, Despite Language or Reasoning Adverse to Them

Decided on January 21, 2026, the Second Department issued a decision in Ramirez v. Issa, 2026 NY Slip Op. 00272, holding that affirmative defenses unrelated to the facts of an action should be dismissed . . . Continue reading Affirmative Defenses Unrelated to the Facts of an Action Dismissed

On January 21, 2026, the Second Department issued a decision in Hello Beautiful Salons, Inc. v. Dimoplon, 2026 NY Slip Op. 00242, holding that a plaintiff stated a claim for trespass to chattel based on unauthorized access to, and interference with, the plaintiff’s computer . . . Continue reading Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems

On January 21, 2026, the Second Department issued a decision in 450 Gin Lane SH, LLC v. Gentry Constr. Co., Inc., 2026 NY Slip Op. 00228, holding that a claim for contribution cannot be based only on the breach of a contractual duty . . . Continue reading Contribution Claim Based on Breach Only of Contractual Duty Fails

On December 29, 2025, Justice Bannon of the New York County Commercial Division issued a decision in American Challenger Dev. Corp. v. Credit Suisse, 2025 NY Slip Op. 35061(U), holding that conclusory claims of confidentiality or commercial sensitivity were insufficient to justify sealing . . . Continue reading Conclusory Claims of Confidentiality or Commercial Sensitivity Insufficient to Justify Sealing