All Lundin PLLC Blogs

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

Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive

On January 25, 2026, Justice Masley of the New York County Commercial Division issued a decision in Psalms Creative, LLC v. Beacon Inv. Holdings LLC, 2026 NY Slip Op. 30295(U), holding that a fraud claim based on an alleged misrepresentation of contractual compliance failed because it was duplicative of a breach of contract claim, but that a fraud claim alleging misrepresentations made to induce a party to enter into a contract survived . . . Continue reading Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive

Appellate Division First Department Courthouse
Commercial Case Notes / Court Rules and Procedures

Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend

On February 10, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 00609, holding that the need for additional discovery, without more, is insufficient basis to deny a motion to amend to add fraud-based claims . . . Continue reading Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend

New York County Courthouse (Justices Borrok, Chan, Sohen, Crane, Masley, Ostrager, Reed and Schecter)
Commercial Case Notes / Contracts / Veil Piercing/Alter Ego

Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer

On January 12, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Access Advance LLC v. Shenzhen Geniatech Inc., 2026 NY Slip Op. 30198(U), holding that a party that did not sign a contract can be liable for breach of the contract as an alter ego of a signer . . . Continue reading Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer

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

Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213

On January 5, 2026, Justice Cohen of the New York County Commercial Division issued a decision in TSLA Capitals, S.A.P.I. DE C.V. v. ATL Funds, LLC, 2026 NY Slip Op. 30133(U), holding that a note referring to performance as well as payment can still be an instrument for the payment of money only under CPLR 3213 . . . Continue reading Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213

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

Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract

On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract

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

Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal

On January 8, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Parrish v. Marsh & McLennan Cos., Inc., 2026 NY Slip Op. 30045(U), holding that the assertion that an action was filed in New York instead of other jurisdictions to gain a tactical advantage is an insufficient basis to dismiss and action . . . Continue reading Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal