October 2026

LLC May Avoid Need to Register in New York Before Bringing Suit by Assigning Claims to Individual

On October 6, 2026, Justice Reed of the New York County Commercial Division issued a decision in Webb v. Infusion Capital Group LLC, 2026 NY Slip Op. 51679(U), holding that an LLC may avoid the need to register in New York before bringing suit by assigning its claims to an individual . . . Continue reading LLC May Avoid Need to Register in New York Before Bringing Suit by Assigning Claims to Individual

On October 14, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Fulford, 2026 NY Slip Op. 05989, holding that a motion to vacate a default judgment for fraud failed for lack of an excuse of the default . . . Continue reading Motion to Vacate Default Judgment For Fraud Fails for Lack of Excuse for Default

On October 14, 2026, the Second Department issued a decision in Vashovsky v. Zablocki, 2026 NY Slip Op. 05993, holding that a claim for tortious interference with prospective economic advantage claim failed for lack of adequate allegations of wrongful means or malice . . . Continue reading Tortious Interference With Prospective Economic Advantage Claim Failed for Inadequate Allegations of Wrongful Means or Malice

On October 14, 2026, the Second Department issued a decision in Vashovsky v. Zablocki, 2026 NY Slip Op. 05994, holding that a court did not err in awarding a receiver a commission of less than five percent of the amount recovered . . . Continue reading Court Did Not Err in Granting Receiver Commission of Less Than Five Percent of the Amount Recovered

On October 15, 2026, the First Department issued a decision in BFAM Asian Opportunities Master Fund, LP v. Glory Health Indus. Ltd., 2026 NY Slip Op. 05997, holding that defendants could not avoid liability based on a defense that their performance was prohibited by foreign law . . . Continue reading Defendants Could Not Avoid Liability Based on Defense The Foreign Law Prohibited Performance

On October 15, 2026, the First Department issued a decision in RBL Bank Ltd. v. Veria Lifestyle Inc., 2026 NY Slip Op. 06033, holding that sporadic transactions in New York did not constitute doing business for the purposes of BCL §§ 103 or 1312 . . . Continue reading Sporadic Transactions in New York Not Doing Business for Purposes of BCL §§ 103 or 1312

On October 13, 2026, the First Department issued a decision in Castleman v. Interactive Brokers LLC, 2026 NY Slip Op. 05904, holding that a receiver’s claims were barred by the in pari delicto doctrine . . . Continue reading Receiver’s Claims Barred by In Pari Delicto Doctrine

On October 13, 2026, the First Department issued a decision in Iken v. Bohemian Brethren Presbyt. Church, 2026 NY Slip Op. 05909, holding that delay in asserting a jury waiver bars its enforcement . . . Continue reading Delay in Asserting Jury Waiver Bars its Enforcement

On October 13, 2026, the First Department issued a decision in Jacober v. Madan, 2026 NY Slip Op. 05911, holding that a fraudulent misrepresentation claim failed for lack pf particularity . . . Continue reading Misrepresentation Claim Fails for Lack of Particularity

On October 9, 2026, the Fourth Department issued a decision in Wilmington Trust, N.A. v. Stradtman Park, LLC, 2026 NY Slip Op. 05883, holding that was not error to cut a fee award based on the requested fees being unreasonably high . . . Continue reading Court Did Not Err in Cutting Fee Award Based on Requested Fees Being Unreasonably High