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
On April 22, 2026, Justice Masley of the New York County Commercial Division issued a decision in Mayer v. Goldner, 2026 NY Slip Op. 31753(U), holding that demand futility in a derivative action must be alleged in the complaint and not just in the opposition to the motion to dismiss . . . Continue reading Derivative Action Demand Futility Must be Alleged in Complaint, Not Just in Opposition to Motion to Dismiss
On April 20, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Mojela v. Interactive Brokers LLC, 2026 NY Slip Op. 31754(U), upholding a conversion claim based on a broker’s unreasonable actions in transferring the plaintiff’s property without her consent . . . Continue reading Conversion Claim Can be Based on Broker’s Unreasonable Actions in Transferring Plaintiff’s Property Without Her Consent
On April 29, 2026, the Second Department issued a decision in Karp v. Madison Realty Capital, L.P., 2026 NY Slip Op. 02637, holding that questions of fact precluded dismissal based on a release where the release allegedly was procured through economic duress . . . Continue reading Questions of Fact Precluded Dismissal Based on a Release Where the Release Allegedly Was Procured Through Economic Duress
