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

Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract
Commercial Case Notes / Contracts / Summary Judgment

Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

On September 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Jefferies LLC v. Blaize Holdings, Inc., 2025 NY Slip Op. 33272(U), holding that an action for summary judgment in lieu of complaint cannot be based on a mere breach of contract . . . Continue reading Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
Commercial Case Notes / Discovery/Disclosure / Summary Judgment

Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed

Question of Reasonable Scope of Restrictive Covenant Question for Trial
Commercial Case Notes / Labor/Employment

Question of Reasonable Scope of Restrictive Covenant Question for Trial

On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Digital Media Sys., Inc. v. Center Stage Cinema LLC, 2025 NY Slip Op. 51460(U), holding that the question of the reasonable scope of a restrictive covenant was an issue to be resolved at trial . . . Continue reading Question of Reasonable Scope of Restrictive Covenant Question for Trial

Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment
Commercial Case Notes / Default Judgment

Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment

On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment . . . Continue reading Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment