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

Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Res Judicata/Collateral Estoppel

Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

On January 13, 2026, the First Department issued a decision in Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 NY Slip Op. 00080, holding that a non-party to an arbitration was bound by the arbitration decision because they were in privity with a party to the arbitration . . . Continue reading Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer
ABS Update / CMBS / Commercial Case Notes / Statute of Limitation/Laches

Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer

On January 15, 2026, the First Department issued a decision in Wells Fargo Bank, N.A. v. UBS AG, 2026 NY Slip Op. 00221, holding that a a claim for breach of a CMBS PSA was time-barred under New York’s borrowing statute based on the location of the special servicer . . . Continue reading Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer