Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means
Commercial Case Notes / Tortious Interference

Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means . . . Continue reading Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means

When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel
Commercial Case Notes / Law Firms and Professional Ethics

When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in McLaughlin & Stern, LLP v. Rocketstar, Inc., 2026 NY Slip Op. 30988(U), holding that when a defendant directed opposing counsel to communicate with defendant’s counsel, opposing counsel did not err in sending notice of client’s rights to its counsel . . . Continue reading When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel

Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service
Commercial Case Notes / Service of Process

Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service

On March 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Biz Advance Now, Inc. v. BHMAAA Inc., 2026 NY Slip Op. 31001(U), holding that a defendant’s failure to submit an affidavit rebutting service was fatal to a challenge to service . . . Continue reading Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service

Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities
Commercial Case Notes / Fiduciaries / Injunctions, Attachments and Other Preliminary Remedies

Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities

On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Namdar Fordham Landing LLC v. Fordham Landing Preferred Sponsor, LLC, 2026 NY Slip Op. 31005(U), holding that a fiduciary’s conflicts of interest, even if permitted by contract, were still relevant to the balance of the equities in deciding an injunction . . . Continue reading Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities

Court Dismisses Claim Based on Injury to Reputation Where There Were No Non-Conclusory Damages Allegations
Commercial Case Notes / Damages

Court Dismisses Claim Based on Injury to Reputation Where There Were No Non-Conclusory Damages Allegations

On March 16, 2026, Justice Crane of the New York County Commercial Division issued a decision in GRIT BXNG at Home, Inc. v. SweatWorks LLC, 2026 NY Slip Op. 31011(U), dismissing a claim based on injury to reputation where there were no non-conclusory damages allegations . . . Continue reading Court Dismisses Claim Based on Injury to Reputation Where There Were No Non-Conclusory Damages Allegations

Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue
ABS Update / Commercial Case Notes / Standing

Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue

On March 17, 2026, Justice Masley of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Chang Ye Inv. Co. Ltd., 2026 NY Slip Op. 31050(U), analyzing the issue of an investor’s standing to sue when the governing agreement provides that the registered owner, not the beneficial owner, can sue . . . Continue reading Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue

No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture
ABS Update / Commercial Case Notes / Contracts

No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture

On March 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in CPPIB Credit Invs. II Inc. v. Deutsche Bank Trust Co. Ams., 2026 NY Slip Op. 31052(U), holding that a no-action clause did not bar a claim based on the denial of a plaintiff’s rights specifically listed in the indenture . . . Continue reading No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture

That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan
Commercial Case Notes / Contracts / Usury

That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan

On February 23, 2026, Justice Weinmann of the Erie County Commercial Division issued a decision in Ilend Advance LLC v. Her Mktg. Concepts, Inc., 2026 NY Slip Op. 50382(U), holding that even though a merchant cash advance agreement’s reconciliation provision may favor the lender, that did not make the agreement an usurious loan . . . Continue reading That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan