All Lundin PLLC Blogs

Kings County Courthouse (Justices Boddie, Knipel and Ruchelsman)

Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results

On April 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Big City Outdoor, LLC v. JTRE 23 WS LLC, 2026 NY Slip Op. 50579(U), reforming a contract on summary judgment based on the parties’ course of performance and the avoidance of absurd results . . . Continue reading Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)

Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Fails for Lack of Due Diligence

On April 10, 2026, Justice Masley of the New York County Commercial Division issued a decision inWH Nagog GP LLC v. Weiss, 2026 NY Slip Op. 31602(U), dismissing a fraud claim for failure to allege due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence

Commercial Case Notes / Discovery/Disclosure

Tax Records Discoverable Only When They Are Indispensable

On April 22, 2026, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2026 NY Slip Op. 50568(U), holding that tax records are discoverable only when they are indispensable . . . Continue reading Tax Records Discoverable Only When They Are Indispensable

Appellate Division, Second Department Courthouse

Commercial Case Notes / Declaratory Judgment

Court May Grant Declaratory Judgment in Response to a Motion to Dismiss

On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory judgment in response to a motion to dismiss . . . Continue reading Court May Grant Declaratory Judgment in Response to a Motion to Dismiss

Appellate Division First Department Courthouse

Commercial Case Notes / Discovery/Disclosure

Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs

On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs . . . Continue reading Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs

Commercial Case Notes / Privilege/Work Product

New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse

On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to a dispute in which the old and new controlling members were adverse . . . Continue reading New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse

Commercial Case Notes / Motion to Dismiss

A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It

On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it . . . Continue reading A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It

Commercial Case Notes / Contracts / Statute of Limitation/Laches

Choice of Law Provision Did Not Govern Statute of Limitations

On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations

Arbitration, Mediation and Other ADR / Commercial Case Notes / Damages

Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not

On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so . . . Continue reading Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not

Arbitration, Mediation and Other ADR / Commercial Case Notes

If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal

On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal . . . Continue reading If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal

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