Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 19, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Nifenecker, 2025 NY Slip Op. 01666, dismissing claims for failure to move for default judgment within one year of the default . . . Continue reading Claims Dismissed for Failure to Move for a Default Judgment Within One Year of the Default
On March 18, 2025, the First Department issued a decision in Harbinger Capital Partners II, LP v. Apollo Global Mgt., LLC, 2025 NY Slip Op. 01573, holding that equitable estoppel cannot be based on the same misconduct as the claim that was asserted . . . . Continue reading Equitable Estoppel Cannot be Based on Same Misconduct as Claim Asserted
On March 18, 2025, the First Department issued a decision in Cedar Capital Mgt. Group Inc v. Lillie, 2025 NY Slip Op. 01569, holding that a fraud claim based on an insincere promise to perform a contract should be dismissed . . . Continue reading Fraud Claim Based on an Insincere Promise to Perform a Contract Dismissed
On March 20, 2025, the First Department issued a decision in Puritan Partners LLC v. Breezer Holdings, LLC, 2025 NY Slip Op. 01723, holding that the motion court should have allowed discovery before granting summary judgment on a usury claim . . . Continue reading Court Should Have Allowed Discovery Before Granting Summary Judgment on Usury Claim
On March 20, 2025, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2025 NY Slip Op. 01711, affirming a discovery sanction for a late night document dump made after the deadline for document production . . . Continue reading Plaintiff Sanctioned For Late Night Document Dump After Deadline for Production
On March 10, 2025, Justice Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, 2025 NY Slip Op. 50309(U), staying a civil action pending the resolution of a criminal action against a non-party officer of a corporate defendant . . . Continue reading Court Stays Civil Action Pending Resolution of Criminal Action Against Non-Party Corporate Officer
On March 12, 2025, the Second Department issued a decision in Billings v. Billings Props., Inc., 2025 NY Slip Op. 01339, holding that a corporate officer should not have been allowed to use corporate funds to pay for the defense of claims against her personally without obtaining an undertaking to repay those funds . . . Continue reading Corporate Officer Should Not Have Been Allowed to Use Corporate Funds for Personal Defense Costs Without Obtaining an Undertaking
On March 11, 2025, the First Department issued a decision in Young Adult Inst., Inc. v. Corporate Source, Inc., 2025 NY Slip Op. 01334, holding that a plaintiff could not recover on a faithless servant claim without evidence of damages . . . Continue reading Plaintiff Cannot Recover on Faithless Servant Claim Without Evidence of Damages
On March 11, 2025, the First Department issued a decision in Imperium Blue Acquisition Partners, LLC v. Marathon Asset Mgt., L.P., 2025 NY Slip Op. 01317, holding that a fraud claim should be dismissed for failure adequately to allege reasonable reliance . . . Continue reading Fraud Claim Dismissed for Insufficient Allegations of Reasonable Reliance
On March 13, 2025, the First Department issued a decision in Matter of Shasha v. Malkin, 2025 NY Slip Op. 01434, holding that opposing counsel’s past practice of accepting service by e-mail did not constitute agreement to accept such service in a new proceeding . . . Continue reading Opposing Counsel’s Past Practice of Accepting Service by E-mail Did Not Constitute Agreement to Accept Such Service in New Proceeding
