On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation
On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses
On October 15, 2025, the Second Department issued a decision in Nationstar Mtge., LLC v. Lalman, 2025 NY Slip Op. 05689, holding that a buyer was obligated to close even though a prior owner was challenging a foreclosure sale . . . Continue reading Buyer Obligated to Close Even Though Prior Owner Was Challenging Foreclosure Sale
On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
On October 14, 2025, the First Department issued a decision in Uno A Brokerage Inc. v. Inshur, Inc., 2025 NY Slip Op. 05658, holding that the statute of frauds barred the enforcement of an oral finder’s agreement . . . Continue reading Statute of Frauds Bars Enforcement Of Oral Finder’s Agreement
On September 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hound Partners, LLC v. Tiger Mgt. L.L.C., 2025 NY Slip Op. 33696(U), holding that a contract without a fixed termination date nonetheless was not terminable at will . . . Continue reading Contract Without Fixed Termination Date Found Not to be Terminable at Will
On October 14, 2025, the First Department issued a decision in Cohn v. RTW Retail Winds Acquisition LLC, 2025 NY Slip Op. 05626, holding that a court could not find defendants in contempt when personal jurisdiction was in doubt . . . Continue reading Court Could Not Find Defendants In Contempt When Personal Jurisdiction Was in Doubt
On October 3, 2025, the Fourth Department issued a decision in JSC Mgt. Group, LLC v. West Gen. Contrs., LLC, 2025 NY Slip Op. 05351, holding that contract and quasi-contract claims may be made in the alternative when there is a dispute over the existence of a contract . . . Continue reading Contract and Quasi-Contract Claims May be Made in the Alternative When There is a Dispute Over the Existence of the Contract
On September 24, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ahmed v. Ahmed, 2025 NY Slip Op. 33668(U), granting a default judgment in favor of the defendant and against the plaintiff on the defendant’s counterclaims . . . Continue reading Court Grants Default Judgment in Favor of Defendant and Against Plaintiff on Counterclaims
On September 26, 2025, Justice Patel of the New York County Commercial Division issued a decision in Leinhardt v. Socure, Inc., 2025 NY Slip Op. 33670(U), holding that a fraud claim survived dismissal for lack of due diligence because of the application of the special facts doctrine . . . Continue reading Fraud Claim Survives Dismissal for Lack of Due Diligence Because of Application of the Special Facts Doctrine
