On September 8, 2026, Justice Patel of the New York County Commercial Division issued a decision in ET JV Holdings, LLC v. TBH-ASL BSA Member LLC, 2026 NY Slip Op. 51558(U), holding that an option cannot be exercised before the beginning of the option period . . . Continue reading Option Cannot Be Exercised Before Beginning of Option Period
On October 2, 2026, the Fourth Department issued a decision in Agway Energy Servs., LLC v. Central Hudson Gas & Elec. Corp., 2026 NY Slip Op. 05621, staying, but not dismissing, a claim under the primary jurisdiction doctrine . . . Continue reading Claim Stayed Under Primary Jurisdiction Doctrine
On October 6, 2026, the First Department issued a decision in 5 Beekman Prop. Owner, LLC v. Henick-Lane, Inc., 2026 NY Slip Op. 05712, holding that the voluntary payment doctrine did not bar a claim because the payment was made by mistake . . . Continue reading Voluntary Payment Doctrine Did Not Bar Claim Because Payment Was Made by Mistake
On October 6, 2026, the First Department issued a decision in Brice v. Two Sigma Inv. Solutions, LP, 2026 NY Slip Op. 05717, holding that a party may not appeal the decision on a motion it did not oppose . . . Continue reading Party May Not Appeal Decision on Motion it Did Not Oppose
On September 30, 2026, the Second Department issued a decision in Banc of Cal., N.A. v. Plumbing Supply Distrib., LLC, 2026 NY Slip Op. 05510, holding that the plaintiff was not entitled to summary judgment in a foreclosure action because it failed adequately to establish nonpayment . . . Continue reading Summary Judgment in Foreclosure Action Denied for Failure Adequately to Establish Nonpayment
On September 30, 2026, the Second Department issued a decision in Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v. Kliment Halsband Architects, 2026 NY Slip Op. Continue reading Contract Claim Cannot be Reframed as a Negligence Claim
On September 29, 2026, the First Department issued a decision in Murphy v. PHG Funding LLC, 2026 NY Slip Op 05482, holding that a fraud claim failed because, among other things, of the failure adequately to allege justifiable reliance on the alleged misrepresentations . . . Continue reading Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations
On September 30, 2026, the Second Department issued a decision in Flagstar Bank, FSB v. Roberts, 2026 NY Slip Op. 05519, holding that requesting a foreclosure settlement conference met the requirement for moving for a default judgment . . . Continue reading Request for Foreclosure Settlement Meets Requirement for Moving for Default Judgment
On September 30, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Aprile, 2026 NY Slip Op. 05569, holding that a party in default cannot assert an affirmative defense . . . Continue reading Party in Default Cannot Assert Affirmative Defense
On October 1, 2026, the First Department issued a decision in Hakim v. Hakim, 2026 NY Slip Op. 05598, holding that a note based on past consideration failed to meet Continue reading Note Based on Past Consideration Failed to Meet Requirements for Validity
