All Lundin PLLC Blogs

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

Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment

On October 8, 2025, Justice Masley of the New York County Commercial Division issued a decision in Vinci Brands LLC v. Case-Mate, Inc., 2025 NY Slip Op. 33855(U), holding that allegations of protest and economic duress were sufficient to defeat a motion to dismiss based on the voluntary payment doctrine . . . Continue reading Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Commercial Case Notes / Court Rules and Procedures

Motion to Amend Denied for Failure to Show Proposed Changes

On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because, among other reasons, the party failed to submit a copy of the amended pleading showing the proposed changes . . . Continue reading Motion to Amend Denied for Failure to Show Proposed Changes

Commercial Case Notes / Summary Judgment

Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement

On October 8, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG Lender 10 LLC v. Chetrit, 2025 NY Slip Op. 33902(U), holding that Continue reading Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement

Appellate Division First Department Courthouse

Commercial Case Notes / Law Firms and Professional Ethics / Sanctions

Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts

On October 23, 2025, the First Department issued a decision in Peck v. Milbank LLP, 2025 NY Slip Op. 05895, dismissing a Judiciary Law Section 487 claim for failure adequately to allege deceptive acts . . . Continue reading Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts

Commercial Case Notes / Statute of Limitation/Laches

Laches Bars Claim Relating to Art Sold During Holocaust

On October 21, 2025, the First Department issued a decision in Bennigson v. Salvation Army, 2025 NY Slip Op. 05762, holding that laches barred a claim relating to art sold during the Holocaust . . . Continue reading Laches Bars Claim Relating to Art Sold During Holocaust

Commercial Case Notes / Labor/Employment

Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable

On October 21, 2025, the First Department issued a decision in Arencibia v. SilverLining, Inc., 2025 NY Slip Op. 05761, holding that a three-year covenant not to compete that was not limited to the employer’s customers was overbroad and thus unenforceable . . . Continue reading Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable

Commercial Case Notes / Standing

LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hopkins Hawley LLC v. Yarrow Two LLC, 2025 NY Slip Op. 33745(U), holding that a an LLC lacked standing to sue when it had failed to publish its articles of organization and file the proof of publication , , , Continue reading LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication

Commercial Case Notes / Indemnification, Advancement and Attorneys' Fees

Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting

On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Credit Suisse Intl. v. Broadcom Inc., 2025 NY Slip Op. 33772(U), holding that Continue reading Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting

Commercial Case Notes / Damages / Indemnification, Advancement and Attorneys' Fees

Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation

On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation

Commercial Case Notes / Court Rules and Procedures

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

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