On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances . . . Continue reading Court Should Have Vacated Note of Issue Because of Changed Circumstances
On May 13, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. PF Holding, LLC, 2026 NY Slip Op. 02967, holding that the plaintiff was not entitled to summary judgment because of its failure to submit the business records upon which its motion relied . . . Continue reading Summary Judgment Denied Because of Failure to Submit Business Records Referred to in supporting Affidavit
On April 30, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Credit League, LLC v. Cella Bella’s Hospice Corp., 2026 NY Slip Op. 31905(U), holding Continue reading LLC’s Failure to Abide by Publication Requirements When Formed Prevent it From Suing
On May 7, 2026, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2026 NY Slip Op. 02875, holding that a plaintiff had met the high burden of justifying the issuance of a Hague Convention letter request . . . Continue reading Plaintiff Meets High Burden Justifying Issuance of Hague Convention Letter Request
On May 6, 2026, the Second Department issued a decision in Federal Natl. Mtge. Assn. v. McDonald, 2026 NY Slip Op. 02826, holding that a referee erred in relying on testimony summarizing documents that were not in evidence . . . Continue reading Referee Erred in Relying on Testimony Summarizing Documents That Were Not In Evidence
On May 6, 2026, the Second Department Westchester Fitness, LLC v. Retrofitness, LLC, 2026 NY Slip Op. 02870, holding that a plaintiff had failed to meet the heavy burden for escaping the mandate of a forum selection clause . . . Continue reading Plaintiff Fails to Meet Heavy Burden of Escaping Mandate of Forum Selection Clause
On April 17, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 31768(U), disqualifying a limited liability company’s Continue reading LLC’s Prior Counsel Disqualified From Representing One Member in a Suit Against Another Member Regarding the LLC’s Management
On April 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Hangquin Huang v. 40-70 Realty LLC, 2026 NY Slip Op. 31773(U), holding that mixing direct and derivative claims in a complaint is no basis for dismissal so long as the individual claims are not mixed . . . Continue reading Mixing Direct and Derivative Claims in a Complaint is no Basis for Dismissal so Long as Individual Claims are not Mixed
On April 19, 2026, Justice Masley of the New York County Commercial Division issued a decision in Alpha Sense, LLC v. Richards, 2026 NY Slip Op. 31713(U), refusing to seal an AI-generated report regarding an opposing party . . . Continue reading Court Refuses to Seal AI-Generated Report Regarding Opposing Party
On May 28, 2026, the Court of Appeals issued a decision in 111 W. 57th Inv. LLC v. 111 W57 Mezz Inv. LLC, 2026 NY Slip Op. 03376, holding that even where a contract gives a party the right to act in its sole discretion, it still must exercise that discretion in good faith . . . Continue reading Even Where Contract Gives Party Right to Act in its Sole Discretion, it Still Must Exercise That Discretion in Good Faith
