Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 20, 2025, the Chief Administrative Judge added a new Appendix E to the Commercial Division Rules containing a model pre-trial order . . . Continue reading New Commercial Division Model Pre-Trial Order
On May 13, 2025, the Chief Administrative Judge added a new Rule 23 to the Commercial Division Rule providing for the filing of amicus briefs . . . Continue reading New Commercial Division Rule Regarding Amicus Briefs
On May 13, 2025, the First Department issued a decision in South32 Chile Copper Holdings Pty Ltd v. Sumitomo Metal Min. Co., Ltd., 2025 NY Slip Op. 02892, holding that questions of foreign law can be decided on a motion to dismiss . . . Continue reading Questions of Foreign Law Can Be Decided on a Motion to Dismiss
On May 13, 2025, the First Department issued a decision in Picken v. RN Realty LLC, 2025 NY Slip Op. 02888, holding that a real estate broker was entitled to a commission if the seller thwarted the transaction in order to avoid paying the commission . . . Continue reading Broker Entitled to Commission if Seller Thwarted the Transaction to Avoid Paying the Commission
On May 13, 2025, the First Department issued a decision in Five Star Elec. Corp. v. Trustees of Columbia Univ., 2025 NY Slip Op. 02872, holding that a trial court did not err in striking a complaint as a sanction for delayed responses to discovery demands . . . Continue reading Complaint Struck for Delay in Responding to Discovery Demands
On May 20, 2025, the Court of Appeals issued a decision in Ezrasons, Inc. v. Rudd, 2025 NY Slip Op. 03008, holding that amendments to the BCL did not change the common law internal affairs doctrine . . . Continue reading BCL Amendments Did Not Change Common Law Internal Affairs Doctrine
On April 29, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Allyn v. Wings Air Helicopters, LLC, 2025 NY Slip Op. 50707(U), allowing LLCs to assign their claims to a disbarred lawyer and then allowing the lawyer to pursue the claims pro se . . . Continue reading LLCs Allowed to Assign Claims to Disbarred Attorney Who Could Then Litigate Them Pro Se
On May 7, 2025, the Second Department issued a decision in Yorktown Funeral Home, LLC v. Kamitis, Inc., 2025 NY Slip Op. 02812, holding that a tenant may make non-structural modifications to a commercial property that are necessary to carry on the tenant’s business . . . Continue reading Tenant May Make Non-Structural Modifications Necessary to Carry on Business
On May 6, 2025, the Chief Administrative Judge issued a new Commercial Division Rule 11-h requiring automatic initial disclosures in new Commercial Division Cases effective July 7, 2025. The rule Continue reading New Commercial Division Rule Regarding Initial Disclosures
On May 6, 2025, the First Department issued a decision in Burden v. Pamplona Capital Mgt. LLP, 2025 NY Slip Op. 02716, holding that fraud damages cannot include lost profits . . . Continue reading Fraud Damages Cannot Include Lost Profits
