All Lundin PLLC Blogs

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Court Rules and Procedures

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

Appellate Division First Department Courthouse

Commercial Case Notes / Damages

Liquidated Damages Clause Unenforceable Penalty

On March 31, 2026, the First Department issued a decision in Levin v. Salvini, 2026 NY Slip Op. 01918, holding that a liquidated damages clause was an unenforceable penalty . . . Continue reading Liquidated Damages Clause Unenforceable Penalty

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Commercial Case Notes / Usury

Usury Must be Asserted as a Defense, Not a Claim

On March 20, 2026, Justice Boddie or the Kings County Commercial Division issued a decision in Protalus USA LLC v. Shine Capital Group LLC, 2026 NY Slip Op. 31165(U), holding that usury must be asserted as a defense, not a claim . . . Continue reading Usury Must be Asserted as a Defense, Not a Claim

Commercial Case Notes / Contracts / Evidence

Contract Can be Enforced Even if the Original is Not Available

On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available . . . Continue reading Contract Can be Enforced Even if the Original is Not Available

Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Cannot be Based on Intentions to Act in the Future

On March 21, 2026, Justice Masley of the New York County Commercial Division issued a decision in Enterprise v. Shvo, 2026 NY Slip Op. 31129(U), holding that a fraud claim cannot be based on a statement of intention to act in the future . . . Continue reading Fraud Claim Cannot be Based on Intentions to Act in the Future

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

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

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

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

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

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