All Lundin PLLC Blogs

Commercial Case Notes / Court Rules and Procedures

Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion

On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer for relief sought “further relief as the court deems just,” it was not improper for a court to grant relief not specifically sought in the motion . . . Continue reading Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion

Appellate Division, Second Department Courthouse
Commercial Case Notes / Court Rules and Procedures

Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed

On February 25, 2026, the Second Department issued a decision in Alnoukari v. Nokari, 2026 NY Slip Op. 01025, holding that a plaintiff need not justify restoring an action to the court’s calendar after it is struck for failure to file a Note of Issue if no 90-day notice has been filed . . . Continue reading Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed

Appellate Division, Second Department Courthouse
Commercial Case Notes / Contracts / Quantum Meruit/Unjust Enrichment

Statute of Frauds Barred Claim for Breach of Oral Agreement to Negotiate Business Opportunity

On February 25, 2026, the Second Department issued a decision in Catalogne v. Class Action Recovery, LLC, 2026 NY Slip Op. 01029, holding that the statute of frauds barred a claim for breach of an oral agreement to assist in the negotiation of a business opportunity . . . Continue reading Statute of Frauds Barred Claim for Breach of Oral Agreement to Negotiate Business Opportunity

Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Fee Award Must be Based on Work Done, Not Percentage of Amount At Issue

On December 29, 2025, Justice Doyle of the Monroe County Commercial Division issued a decision in Samson MCA LLC v. Salco Landscape Servs. Inc., 2025 NY Slip Op. 35234(U), holding that an attorney fees award must be based on the work done, not a percentage of the amount at issue . . . Continue reading Fee Award Must be Based on Work Done, Not Percentage of Amount At Issue

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Privilege/Work Product

Disclosure of Redacted Version of Privileged Document Waived Privilege for Entire Document

On February 4, 2026, Justice Patel of the New York County Commercial Division issued a decision in Lateral Inv. Mgt., LLC v. Marcum, LLP, 2026 NY Slip Op. 30413(U), holding that disclosure of a privileged document to a third party waived privilege for the whole document . . . Continue reading Disclosure of Redacted Version of Privileged Document Waived Privilege for Entire Document

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Contracts

Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement

On February 9, 2026, Justice Crane of the New York County Commercial Division issued a decision in Yonder Media Mobile Inc. v. FuboTV, Inc., 2026 NY Slip Op. 30466(U), holding that a promissory estoppel claim cannot overcome the fact that a term sheet unambiguously stated that it was not a binding agreement . . . Continue reading Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement