Decided on January 21, 2026, the Second Department issued a decision in Ramirez v. Issa, 2026 NY Slip Op. 00272, holding that affirmative defenses unrelated to the facts of an action should be dismissed . . . Continue reading Affirmative Defenses Unrelated to the Facts of an Action Dismissed
On January 21, 2026, the Second Department issued a decision in Hello Beautiful Salons, Inc. v. Dimoplon, 2026 NY Slip Op. 00242, holding that a plaintiff stated a claim for trespass to chattel based on unauthorized access to, and interference with, the plaintiff’s computer . . . Continue reading Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems
On January 21, 2026, the Second Department issued a decision in 450 Gin Lane SH, LLC v. Gentry Constr. Co., Inc., 2026 NY Slip Op. 00228, holding that a claim for contribution cannot be based only on the breach of a contractual duty . . . Continue reading Contribution Claim Based on Breach Only of Contractual Duty Fails
On December 29, 2025, Justice Bannon of the New York County Commercial Division issued a decision in American Challenger Dev. Corp. v. Credit Suisse, 2025 NY Slip Op. 35061(U), holding that conclusory claims of confidentiality or commercial sensitivity were insufficient to justify sealing . . . Continue reading Conclusory Claims of Confidentiality or Commercial Sensitivity Insufficient to Justify Sealing
On December 28, 2025, Justice Crane of the New York County Commercial Division issued a decision in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 35067(U), reducing an attorney fee award 40% because of block billing and incomplete documentation of attorney qualifications . . . Continue reading Attorney Fee Award Reduced 40% Because of Block Billing and Incomplete Documentation of Attorney Qualifications
On December 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in AMTAX Holdings 227, LLC v. Cohnreznick LLP, 2025 NY Slip Op. 35086(U), holding that normally, accountants do not have fiduciary duties to their clients . . . Continue reading Accountant Does Not Have Fiduciary Duties to Clients
On December 31, 2025, Justice Masley of the New York County Commercial Division issued a decision in Alliance Equity Group LLC v. Weiss, 2025 NY Slip Op. 35091(U), holding that a promissory note’s reference to other agreements did not make it not an instrument for the payment of money only for purposes of CPLR 3213 . . . Continue reading Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213
On January 15, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Gonzalez v. Marte, 2026 NY Slip Op. 50058(U), holding that nail and mail service was improper because of a lack of due diligence in locating the defendant . . . Continue reading Nail and Mail Service Improper Because of Lack of Due Diligence in Locating Defendant
On January 5, 2026, Justice Masley of the New York County Commercial Division issued a decision in Bank of India, N.Y. Branch v. Anaya Gems, Inc., 2026 NY Slip Op. 30029(U), dismissing a RICO claim for failure adequately to allege a RICO enterprise . . . Continue reading RICO Claim Dismissed for Failure Adequately to Allege a RICO Enterprise
On January 20, 2026, the First Department issued a decision in Century First Credit Solutions, Inc. v. Priority Capital, LLC, 2026 NY Slip Op. 00224, holding that a corporate officer who participates in and benefits from a company’s tort can be individually liable for it . . . Continue reading Corporate Officer Who Commits and Benefits From a Tort Can be Individually Liable
