Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 25, 2025, the Fourth Department issued a decision in McGuire v. The McGuire Group, Inc., 2025 NY Slip Op. 02468, holding that a party that has not been represented by a law firm lacks standing to move to dismiss the firm as conflicted . . . Continue reading Party That Has Never Been Represented by a Law Firm Lacks Standing to Move to Dismiss the Firm as Conflicted
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete . . . Continue reading Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
On April 30, 2025, the Second Department issued a decision in Kearny Bank v. Beaux Equities, LLC, 2025 NY Slip Op. 02580, holding that a good faith mortgagor for value prevailed against an earlier purchaser that did not record its interest in a property . . . Continue reading Good Faith Mortgagor for Value Prevails Against Purchaser That Did Not Record its Interest
On April 29, 2025, the First Department issued a decision in Manorhaven Capital LLC v. Marc J. Bern & Partners, LLP, 2025 NY Slip Op. 02551, holding that a breach of contract claim cannot be based on alleged trivial deviations from a contract’s notice provisions . . . Continue reading Breach of Contract Claim Cannot Be Based on Alleged Trivial Deviation from Contract’s Notice Provisions
On April 23, 2025, the Second Department issued a decision in Central Ins. Agency, Inc. v. Estate of Marshal R. Korman, 2025 NY Slip Op 02313, holding that a fraudulent inducement claim failed for failure adequately to allege that a misrepresentation was material . . . Continue reading Fraudulent Inducement Claim Fails for Failure Adequately to Allege Materiality
On April 23, 2025, the Second Department issued a decision in HLI Rail & Rigging, LLC v. Franklin Exhibit Mgt. Group, LLC, 2025 NY Slip Op. 02330, upholding on a motion to dismiss veil piercing claims based on corporate domination . . . Continue reading Veil Piercing Claims Based on Corporate Domination Upheld on Motion to Dismiss
On April 23, 2025, the Second Department issued a decision in Kraus v. Credit Control Servs., Inc., 2025 NY Slip Op. 02336, holding that a FDCPA claim failed for insufficient allegations of damages . . . Continue reading FDCPA Claim Fails for Insufficient Allegations of Damages
The Commercial Division Advisory Council and the Historical Society of the New York Courts recently released a new film discussing the Commercial Division. It features the chief legal officers of prominent companies and prominent state court judges. Continue reading New Film About the Commercial Division
On April 24, 2025, the First Department issued a decision in Matter of Wiener v. Gibson, Dunn & Crutcher LLP, 2025 NY Slip Op. 02432, holding that parties that parties that benefitted from an agreement were bound by its arbitration provision . . . Continue reading Parties Benefitting from Agreement Bound by its Arbitration Provision
On February 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Pepsico, Inc. v. Crystal Springs Resorts/Minerals Hotel, 2025 NY Slip Op. 50515(U), holding that advertising mentioning a business’s proximity to New York was insufficient to create personal jurisdiction in New York . . . Continue reading Advertising Mentioning a Business’s Proximity to New York Insufficient to Create Personal Jurisdiction in New York
