On July 16, 2026, the First Department issued a decision in Matter of Light & Wonder, Inc. v. Mohawk Gaming Enters. LLC, 2026 NY Slip Op. 04474, upholding a court’s refusal to vacate a class arbitration award . . . Continue reading Court Will Not Vacate Arbitrator’s Class Arbitration Decision
On July 10, 2026, Justice Grays of the Queens County Commercial Division issued a decision in Kim v. Radiology Assoc. of Main St., P.C., 2026 NY Slip Op. 51050(U), holding that an alleged release did not bar a money had and received claim . . . Continue reading Alleged Release Does Not Bar Money Had and Received Claim
On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
On July 9, 2026, the First Department issued a decision in Homapour v. 3M Props., LLC, 2026 NY Slip Op. 04371, holding that a jury trial waive can apply to persons who did not sign the agreement containing the waiver . . . Continue reading Jury Trial Waiver Can Apply to Persons Who Do Not Sign Agreement Containing the Waiver
On July 8, 2026, the Second Department issued a decision in LF Collateral SPV IV, LLC v. Citadel NY, Inc., 2026 NY Slip Op. 04288, holding that a corporation cannot assert a defense of civil usury . . . Continue reading Corporation Cannot Assert a Defense of Civil Usury
On July 2, 2026, the First Department issued a decision in Avail Holding LLC v. ICM Funding LLC, 2026 NY Slip Op. 04256, holding that there is no separate cause of action for piercing the corporate veil . . . Continue reading No Separate Claim for Breaching the Corporate Veil
On July 2, 2026, the First Department issued a decision in Slabakis v. Poyiadjis, 2026 NY Slip Op. 04265, sanctioning counsel for bringing a frivolous appeal seeking to reverse the trial court’s sanctions against counsel . . . Continue reading Counsel Sanctioned For Bringing Frivolous Appeal Seeking to Reverse Trial Court’s Sanctions Against It
On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no questions of fact, a court should issue a declaration when dismissing a cause of action for a declaratory judgment . . . Continue reading Court Should Issue Declaration When Dismissing Cause of Action for Declaratory Judgment
On June 10, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Bizfund, LLC v. Elks Constr., LLC, 2026 NY Slip Op. 32089(U), holding that a receivable purchase agreement was not an usurious loan . . . Continue reading Receivables Purchase Agreement Not an Usurious Loan
On June 30, 2026, the First Department issued a decision in Matter of Miller v. 22 Ericsson Owner LLC, 2026 NY Slip Op. 04148, holding that a trial court erred in conditioning discontinuance on payment of a significant portion of the opposing party’s fees . . . Continue reading Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees
