On October 8, 2025, the Second Department issued a decision in Babad v. Oratz, 2025 NY Slip Op. 05490, holding that collateral estoppel does not bar a claim based on facts discovered after judgment in the earlier case . . . Continue reading Collateral Estoppel Does Not Bar Claim Based on Facts Discovered After Judgment in Earlier Case
On October 8, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Gendelman, 2025 NY Slip Op. 05501, holding that a referee’s delay in issuing a report does not require its rejection . . . Continue reading Referee’s Delay in Issuing Report Does Not Require its Rejection
On October 8, 2025, the Second Department issued a decision in Jobble, Inc. v. CF Alerts Corp, 2025 NY Slip Op. 05506, holding that veil piercing claims failed because of insufficient allegations of domination or bad acts . . . Continue reading Veil Piercing Claims Fail for Insufficient Allegations of Domination and Bad Acts
On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing . . . Continue reading Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing
On October 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Ader v. Ader, 2025 NY Slip Op. 51563(U), sanctioning a lawyer for poorly-checked use of AI in generating papers . . . Continue reading Lawyer Sanctioned for Poorly-Checked Use of AI in Generating Papers
On October 7, 2025, the First Department issued a decision in Rosenblum v. Treitler, 2025 NY Slip Op. 05481, holding that a discount for lack of marketability as properly applied in valuing minority ownership of a business . . . Continue reading Discount for Lack of Marketability Properly Applied to Valuing Minority Ownership of Business
On October 7, 2025, the First Department issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2025 NY Slip Op. 05458, holding that there is no joint venture absent an agreement to share profits and losses . . . Continue reading No Joint Venture Where There is no Agreement to Share Profits and Losses
On October 7, 2025, the First Department issued a decision in Matter of Cuomo v. JAMS, Inc., 2025 NY Slip Op. 05454, holding that an arbitrator’s prior representation of a party, without evidence of bias, was insufficient to justify vacating an award . . . Continue reading Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award
On October 7, 2025, the First Department issued a decision in Ali Baba Hotel Corp. v. Prose, 2025 NY Slip Op. 05451, interpreting the term “affiliate” to extend the benefit of a contract to a non-signatory . . . Continue reading Court Interprets Term “Affiliate” to Extend the Benefits of a Contract to a Non-Signatory
On September 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fendt v. AFF-PSA Bronx-9D, Inc., 2025 NY Slip Op. 33587(U), enforcing a stipulation to arbitrate . . . Continue reading Court Enforces Stipulation to Arbitrate
