All Lundin PLLC Blogs

Appellate Division, Second Department Courthouse
Commercial Case Notes / Contracts

Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit

On September 24, 2025, the Second Department issued a decision in Wymara, Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 05124, holding that the covenant of good faith and fair dealing could not be used to imply a contract term that parties had agreed to omit from their agreement . . . Continue reading Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit

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

That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records

On September 8, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Cherokee Funding II, LLC v. Express Funding of Am., LLC, 2025 NY Slip Op. 33368(U), holding that the fact that the parties had agreed to keep certain documents confidential was an insufficient basis for sealing court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records

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

Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

On September 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Jefferies LLC v. Blaize Holdings, Inc., 2025 NY Slip Op. 33272(U), holding that an action for summary judgment in lieu of complaint cannot be based on a mere breach of contract . . . Continue reading Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

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

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed