Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance
Commercial Case Notes / Usury

Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance

On February 19, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Pinnacle Bus. Funding LLC v. American Iron & Crane, Inc., 2026 NY Slip Op. 30679(U), holding that questions of fact regarding the legitimacy of an agreement’s reconciliation provisions precluded summary judgment on whether the agreement was a merchant cash advance agreement . . . Continue reading Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance

That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records
Commercial Case Notes / Court Rules and Procedures

That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records

On February 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in Jabil Inc. v. Mavenir Sys., Inc., 2026 NY Slip Op. 30686(U), holding that the fact that the parties had agreed to treat documents as confidential was, without more, an insufficient basis to seal court records . . . Continue reading That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records

Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear
Commercial Case Notes / Default Judgment / Service of Process

Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear

On March 4, 2026, Justice Reed of the New York County Commercial Division issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 50268(U), holding that a detailed explanation of why service was not effected is a sufficient excuse for failing timely to appear . . . Continue reading Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear

Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit
Commercial Case Notes / Default Judgment

Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit

On February 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Ctr. LLC, 2026 NY Slip Op. 50258(U), denying a motion to vacate a default judgment for failure to show either a reasonable excuse or a meritorious defense . . . Continue reading Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit

Fraud Claim Cannot be Based on Misrepresentation That The Plaintiff Could With Due Diligence Have Determined Was False
Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Cannot be Based on Misrepresentation That The Plaintiff Could With Due Diligence Have Determined Was False

On March 4, 2026, the Second Department issued a decision in Michael Gangi Plumbing & Heating Contrs., Inc. v. World Bus. Lenders, 2026 NY Slip Op. 01194, holding that a fraud claim cannot be based on a misrepresentation that the plaintiff could with due diligence have determined was false . . . Continue reading Fraud Claim Cannot be Based on Misrepresentation That The Plaintiff Could With Due Diligence Have Determined Was False

Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party
Commercial Case Notes / Evidence

Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party

On February 13, 2026, Justice Cohen of the New York County Commercial Division issued a decision in S.A.R.L. Galerie Enrico Navarra v. Marlborough Gallery Inc., 2026 NY Slip Op. 30551(U), excluding evidence of a party’s conviction arising from an earlier case involving the opposing party . . . Continue reading Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party

Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion
Commercial Case Notes / Court Rules and Procedures

Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion

On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer for relief sought “further relief as the court deems just,” it was not improper for a court to grant relief not specifically sought in the motion . . . Continue reading Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion

Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed
Commercial Case Notes / Court Rules and Procedures

Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed

On February 25, 2026, the Second Department issued a decision in Alnoukari v. Nokari, 2026 NY Slip Op. 01025, holding that a plaintiff need not justify restoring an action to the court’s calendar after it is struck for failure to file a Note of Issue if no 90-day notice has been filed . . . Continue reading Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed