On April 10, 2026, Justice Masley of the New York County Commercial Division issued a decision inWH Nagog GP LLC v. Weiss, 2026 NY Slip Op. 31602(U), dismissing a fraud claim for failure to allege due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence
On April 22, 2026, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2026 NY Slip Op. 50568(U), holding that tax records are discoverable only when they are indispensable . . . Continue reading Tax Records Discoverable Only When They Are Indispensable
On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory judgment in response to a motion to dismiss . . . Continue reading Court May Grant Declaratory Judgment in Response to a Motion to Dismiss
On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs . . . Continue reading Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs
On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to a dispute in which the old and new controlling members were adverse . . . Continue reading New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse
On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it . . . Continue reading A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It
On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so . . . Continue reading Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not
On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal . . . Continue reading If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal
On March 26, 2026, Justice Patel of the New York County Commercial Division issued a decision in Irizarry v. Zelaya, 2026 NY Slip Op. 31254(U), holding that a Notice to Admit cannot be used as a means to discover facts . . . Continue reading Notice to Admit Cannot be Used as a Means to Discover Facts
