Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed
Commercial Case Notes / Summary Judgment

Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed

On October 2, 2025, the First Department issued a decision in Halgene Watch Ltd. v. Alex Capital Fund, LLC, 2025 NY Slip Op. 05301, holding that summary judgment in lieu of complaint must be denied because of question of fact regarding the amount owed . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed

Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court
Commercial Case Notes / Court Rules and Procedures

Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court

On September 16, 2025, Justice Cohen of the New York County Commercial Division issued a decision in AI Intl. Holdings (BVI) Ltd. v. TWC Borrower 2016, LLC, 2025 NY Slip Op. 33499(U), holding that a signed stipulation of discontinuance ended the claims against a defendant, preventing him from asserting third-party claims, even though the stipulation had not been submitted to the court . . . Continue reading Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client
Commercial Case Notes / Law Firms and Professional Ethics

Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client . . . Continue reading Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client

Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause
Commercial Case Notes / Contracts

Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause

On September 30, 2025, the First Department issued a decision in Henick-Lane, LLC v. Stellar Mgt. Group, Inc., 2025 NY Slip Op. 05190, holding that a breach of contract claim failed for lack of proof of any of the exceptions to the enforcement of a no damages for delay clause . . . Continue reading Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause

Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit
Commercial Case Notes / Contracts

Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit

On September 24, 2025, the Second Department issued a decision in Wymara, Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 05124, holding that the covenant of good faith and fair dealing could not be used to imply a contract term that parties had agreed to omit from their agreement . . . Continue reading Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit

That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records
Commercial Case Notes / Court Rules and Procedures

That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records

On September 8, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Cherokee Funding II, LLC v. Express Funding of Am., LLC, 2025 NY Slip Op. 33368(U), holding that the fact that the parties had agreed to keep certain documents confidential was an insufficient basis for sealing court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records