Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract
Arbitration, Mediation and Other ADR / Commercial Case Notes

Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract

On December 2, 2025, Justice Bannon of the New York County issued a decision in Firmauto USA Inc. v. Walter Auto Loan Trust, 2025 NY Slip Op. 34670(U), holding that clickwrap agreement on the defendant’s website containing an agreement to arbitrate did not control over the dispute resolution terms of the parties’ written contract . . . Continue reading Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract

Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed
Commercial Case Notes / Fiduciaries / Real Property

Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

On December 24, 2025, the Second Department issued a decision in Yellin v. Revival Prop. Group, LLC, 2025 NY Slip Op. 07332, holding that a real estate broker has a fiduciary duty and representation of multiple parties to a transaction must therefore be disclosed . . . Continue reading Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed

Court Abused Discretion in Granting Renewal Motion Based on Evidence Available to Plaintiff Before Suit was Brought
Commercial Case Notes / Reconsideration/Renewal/Reargument

Court Abused Discretion in Granting Renewal Motion Based on Evidence Available to Plaintiff Before Suit was Brought

On December 24, 2025, the Second Department issued a decision in Jesan Constr. Group, LLC v. Medford Ber, LLC, 2025 NY Slip Op. 07290, holding that a trial court abused its discretion in granting a motion for renewal based on evidence available to the plaintiff before suit was brought . . . Continue reading Court Abused Discretion in Granting Renewal Motion Based on Evidence Available to Plaintiff Before Suit was Brought

Fraud Counterclaim Based on Misrepresentation of Financial Condition Dismissed For Lack of Reasonable Reliance Because Plaintiff’s Finances Were Disclosed to Public
Commercial Case Notes / Fraud/Misrepresentation

Fraud Counterclaim Based on Misrepresentation of Financial Condition Dismissed For Lack of Reasonable Reliance Because Plaintiff’s Finances Were Disclosed to Public

On November 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Google LLC v. Dr Globaltech, Inc., 2025 NY Slip Op. 34627(U), dismissing a fraud counterclaim based the plaintiff’s alleged misrepresentation of its financial condition for lack of reasonable reliance because the plaintiff’s finances were disclosed to the public . . . Continue reading Fraud Counterclaim Based on Misrepresentation of Financial Condition Dismissed For Lack of Reasonable Reliance Because Plaintiff’s Finances Were Disclosed to Public

Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness
Commercial Case Notes / Law Firms and Professional Ethics

Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness

On November 24, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Bapaz NYC W. 46 St Group LLC v ASSA Props. Inc., 2025 NY Slip Op. 34497(U), holding that disqualification under the attorney-witness rule was not required when neither party intended to call the attorney as a witness . . . Continue reading Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness