On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default . . . Continue reading Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default
On April 15, 2026, the Second Department issued a decision in Canzona v. Atanasio, 2026 NY Slip Op. 02243, holding that the fact that the plaintiff owed the defendant money was an insufficient basis for a conversion counterclaim . . . Continue reading That Party Owed Money Insufficient Basis for Conversion Claim
On April 16, 2026, the First Department issued a decision in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 NY Slip Op. 02340, holding that a fraud claim was not duplicative of a breach of contract claim because the alleged misrepresentations were collateral to the contract . . . Continue reading Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On April 16, 2026, the First Department issued a decision in Glenmede Trust Co., N.A. v. Infinity Q Capital Mgt. LLC, 2026 NY Slip Op. 02330, holding that a person that signs a registration statement is liable for misstatements in it and cannot disclaim that responsibility . . . Continue reading Person That Signs Registration Statement Liable for Misstatements in it and Cannot Disclaim That Liability
On April 7, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Rocco Agostino Landscape & Gen. Contr. Corp. v. City of New York, 2026 NY Slip Op. 31400(U), holding the format of a special master’s report is an improper basis for objecting to the report . . . Continue reading Format of Special Master’s Report Improper Basis for Objection
On April 6, 2026, Justice Patel of the New York County Commercial Division issued a decision in JLJ Capital LLC v. Churchill Real Estate Holdings LLC, 2026 NY Slip Op. 31389(U), holding that a fraud claim can be based on a false representation of the ability to perform a contract . . . Continue reading Fraud Claim Can be Based on False Representation of Ability to Perform a Contract
On April 6, 2026, Justice Cohen of the New York County Commercial Division issued a decision in BNP Dev. LLC v. 9 DeKalb Fee Owner LLC, 2026 NY Slip Op. 31382(U), holding that even though a term sheet said it was binding, it was at most just an agreement to negotiate in good faith . . . Continue reading Despite Saying That it Was Binding, Term Sheet Was at Most An Agreement to Negotiate in Good Faith
On April 1, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Levy v. Viscogliosi Bros., LLC, 2026 NY Slip Op. 31338(U), dismissing tort claims as duplicative of a contract claim because they arose from the same alleged misconduct . . . Continue reading Tort Claims Dismissed as Duplicative of Contract Claim
On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory judgment claim did not start to run until the plaintiff learned that the defendant was repudiating the plaintiff’s rights . . . Continue reading Statute of Limitations on Declaratory Judgment Claim Did Not Start to Run Until Plaintiff Learned That Defendant Was Repudiating Plaintiff’s Rights
On April 9, 2026, the First Department issued a decision in Kassirer v. Gotlib, 2026 NY Slip Op. 02154, holding that allegations of an oral agreement were insufficient because they failed to describe the material terms of the agreement . . . Continue reading Allegations of Oral Agreement Fail for Insufficient Allegations of Material Terms
