On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory judgment in response to a motion to dismiss . . . Continue reading Court May Grant Declaratory Judgment in Response to a Motion to Dismiss
On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs . . . Continue reading Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs
On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to a dispute in which the old and new controlling members were adverse . . . Continue reading New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse
On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it . . . Continue reading A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It
On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so . . . Continue reading Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not
On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal . . . Continue reading If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal
On March 26, 2026, Justice Patel of the New York County Commercial Division issued a decision in Irizarry v. Zelaya, 2026 NY Slip Op. 31254(U), holding that a Notice to Admit cannot be used as a means to discover facts . . . Continue reading Notice to Admit Cannot be Used as a Means to Discover Facts
On April 14, 2026, the First Department issued a decision in T-Mobile USA, Inc. v. Broadcom Inc., 2026 NY Slip Op. 02226, ordering a trial court to reconsider the amount of a bond because it was insufficiently related to the damage that could result from an injunction . . . Continue reading Court Ordered to Reconsider Bond Amount Because it Was Insufficiently Related to the Potential Damage That Could Result From the Injunction
On April 14, 2026, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2026 NY Slip Op. 02220, holding that a party waived the attorney-client privilege by placing its reliance on counsel’s advice at issue . . . Continue reading Privilege Waived by Putting Counsel’s Advice at Issue
