On November 12, 2025, the Second Department issued a decision in Wymara Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 06220, holding that res judicata applies even when new facts come to light regarding a previously-litigated claim . . . Continue reading Res Judicata Applies Even When New Facts Come to Light
On November 13, 2025, the First Department issued a decision in 417 N. Comanche St., LLC v. EMRES II Tex., LLC, 2025 NY Slip Op. 06245, holding that dismissal in favor o a prior pending action was proper despite differing damages theories . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Despite Different Damages Being Sought
On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in La Playastar Uno LLC v. Coco Hotel 1 LLC, 2025 NY Slip Op. 34114(U), denying a motion to seal because of a lack of factual justification . . . Continue reading Motion to Seal Denied for Lack of Factual Justification
On November 5, 2025, the Second Department issued a decision in Antebi v. Guindi, 2025 NY Slip Op. 06044, holding that a plaintiff waived his right to contractual interest . . . Continue reading Plaintiff Waived Contractual Right to Interest
On October 22, 2025, Justice Patel of the New York County Commercial Division issued a decision in Steffanci v. DFG Trademark Holdings LLC, 2025 NY Slip Op. 34072(U), declining to dismiss an action in favor of an earlier-filed action in another state . . . Continue reading Action Dismissed in Favor of Earlier-Filed Action in Another State
On October 16, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Crystal v. American Tr. Ins. Co., 2025 NY Slip Op. 34045(U), holding that a deposition transcript unsupported by a factual affidavit was sufficient support for a motion for summary judgment . . . Continue reading Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit
On October 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CPIF Bloomington, LLC v. Prager, 2025 NY Slip Op. 34027(U), declining to dismiss an action in favor of a prior pending action because of an insufficient overlap of issues . . . Continue reading No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues
On October 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Vaporvm Holding Corp. v. Fayazi, 2025 NY Slip Op. 34028(U), holding that a party was bound by an agreement he signed, despite claims that it was not the agreement he intended to sign . . . Continue reading Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign
On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client
On October 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Guang Huang v. Jingjing Zhou, 2025 NY Slip Op. 51696(U), holding that under the internal affairs doctrine, an accounting under New York law was unavailable in an action relating to a Caymans entity . . . Continue reading Under Internal Affairs Doctrine, Accounting Under New York Law Not Available for Caymans Entity
