Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 11, 2025, the First Department issued a decision in ROAM Capital, Inc. v. Asia Alternatives Mgt. LLC, 2025 NY Slip Op. 00798, holding that documents withheld as privileged but not recorded on a privilege log must be produced . . . Continue reading Documents Withheld as Privileged But Not Recorded on Privilege Log Ordered Produced
On February 18, 2025, the First Department issued a decision in GMF 157 LP v. Inspirit Dev. & Constr., LLC, 2025 NY Slip Op. 00913, holding that a dismissal in favor of a prior pending action was proper even though the actions did not have identical causes of action . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Even Though Actions Did Not Have Identical Causes of Action
On February 13, 2025, the First Department issued a decision in ECO Engg., Inc. v. Source Renewables, LLC, 2025 NY Slip Op. 00826, holding that a loan’s default interest rate was not usurious when it applied only after maturity . . . Continue reading Default Interest Rate Not Usurious When it Applied Only Maturity
On February 13, 2025, the First Department issued a decision in Certain Underwriters at Lloyd’s, London v. NL Indus., Inc., 2025 NY Slip Op. 00824, holding that a party’s submission of an affidavit by its general counsel did not put privileged communications at issue . . . Continue reading Party Did Not Put Privilege at Issue by Submitting Affidavit from its General Counsel
On December 30, 2024, Justice Patel of the New York County Commercial Division issued a decision in Acrisure, LLC v. Woodruff-Sawyer & Co., 2024 NY Slip Op. 34540(U), holding that Continue reading Tortious Interference Claim Does Not Require that Plaintiff Also Bring Breach of Contract Claim
On December 31, 2024, Justice Masley of the New York County Commercial Division issued a decision in Universal Inv. Advisory SA v. Bakrie Telecom Pte, Ltd, 2024 NY Slip Op. Continue reading Defendants Required to Pay Cost of Plaintiff’s Motion for Default as Condition for Denying the Motion
On December 20, 2024, Justice Cohen of the New York County Commercial Division issued a decision in SkyX Group Inc v. Foundation for a Smoke Free World, 2024 NY Slip Continue reading Misappropriation of Trade Secret Claim Dismissed for Failure Adequately to Allege Steps to Keep Information Secret
On January 2, 2025, Justice Crane of the New York County Commercial Division issued a decision in White v. Vaccaro, 2025 NY Slip Op. 30013(U), distributing the value of a Continue reading Court Orders the Distribution of the Value of a Law Firm’s Contingency Cases
On January 6, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Abuzaid v. Almayouf, 2025 NY Slip Op. 30036(U), striking a defendant’s answer for Continue reading Failure to Comply With Conditional Sanctions Order Results in Defendant’s Answer Being Struck
On January 2, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Khedouri v. Gabriel, 2025 NY Slip Op. 30034(U), holding that a motion is Continue reading Motion is Not Frivolous Simply Because it Was Unlikely to Succeed
