Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213
Commercial Case Notes / Summary Judgment

Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213

On December 31, 2025, Justice Masley of the New York County Commercial Division issued a decision in Alliance Equity Group LLC v. Weiss, 2025 NY Slip Op. 35091(U), holding that a promissory note’s reference to other agreements did not make it not an instrument for the payment of money only for purposes of CPLR 3213 . . . Continue reading Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213

Failure to Procure Insurance Required by Lease is not Curable by Procuring Insurance Prospectively
Commercial Case Notes / Real Property

Failure to Procure Insurance Required by Lease is not Curable by Procuring Insurance Prospectively

On December 18, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in World Dance Enters., Inc. v. Chabad Lubavitch of Brooklyn Hgts. 128 Montague St. LLC, 2025 NY Slip Op. 34939(U), holding that the failure to procure insurance required by a lease is not curable by procuring insurance prospectively . . . Continue reading Failure to Procure Insurance Required by Lease is not Curable by Procuring Insurance Prospectively

That Parties Designated Documents as Confidential is, Without More, Insufficient Basis to Justify Sealing
Commercial Case Notes / Court Rules and Procedures

That Parties Designated Documents as Confidential is, Without More, Insufficient Basis to Justify Sealing

On December 22, 2025, Justice Cohen of the New York County Commercial Division issued a decision in George S. Kaufman Charitable Found. v. Kearns, 2025 NY Slip Op. 34956(U), holding that the fact that parties designated documents as confidential is, without more, an insufficient basis to justify sealing them . . . Continue reading That Parties Designated Documents as Confidential is, Without More, Insufficient Basis to Justify Sealing

No Action Clause Does Not Bar Claims When Demand on the Clause’s Notice Party Would be Futile
ABS Update / Commercial Case Notes / Contracts

No Action Clause Does Not Bar Claims When Demand on the Clause’s Notice Party Would be Futile

On January 3, 2026, Justice Patel of the New York County Commercial Division issued a decision in Axos Fin., Inc. v. Reception Purchaser, LLC, 2026 NY Slip Op. 50019(U), holding that a no action clause did not bar claims when a demand on the clause’s notice party would be futile . . . Continue reading No Action Clause Does Not Bar Claims When Demand on the Clause’s Notice Party Would be Futile