All Lundin PLLC Blogs

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

Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction

On September 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in CORE 5th Ave. LLC v. 711 Fifth Ave. Principal Owner LLC, 2025 NY Slip Op. 33557(U), refusing to enforce a lease provision that had the effect of barring a tenant from seeking a Yellowstone injunction . . . Continue reading Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction

Appellate Division First Department Courthouse
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed

On October 2, 2025, the First Department issued a decision in Halgene Watch Ltd. v. Alex Capital Fund, LLC, 2025 NY Slip Op. 05301, holding that summary judgment in lieu of complaint must be denied because of question of fact regarding the amount owed . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed

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

Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court

On September 16, 2025, Justice Cohen of the New York County Commercial Division issued a decision in AI Intl. Holdings (BVI) Ltd. v. TWC Borrower 2016, LLC, 2025 NY Slip Op. 33499(U), holding that a signed stipulation of discontinuance ended the claims against a defendant, preventing him from asserting third-party claims, even though the stipulation had not been submitted to the court . . . Continue reading Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Law Firms and Professional Ethics

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client . . . Continue reading Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

Appellate Division First Department Courthouse
Commercial Case Notes / Contracts

Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause

On September 30, 2025, the First Department issued a decision in Henick-Lane, LLC v. Stellar Mgt. Group, Inc., 2025 NY Slip Op. 05190, holding that a breach of contract claim failed for lack of proof of any of the exceptions to the enforcement of a no damages for delay clause . . . Continue reading Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause

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