Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 7, 2026, the Second Department issued a decision in Maranov v. Werney, 2026 NY Slip Op. 05778, holding that a court erred in refusing to consider papers that exceeded the word limits of the Commercial Division rules . . . Continue reading Court Erred in Refusing to Consider Papers That Exceeded the Commercial Division Word Limits
On October 7, 2026, the Second Department issued a decision in NYCTL 1998-2 Trust v. Phillip, 2026 NY Slip Op. 05802, holding that the death of a party in default did not stay an action . . . Continue reading Death of Party in Default Does Not Stay Action
On October 7, 2026, the Second Department issued a decision in RMX Foods, Inc. v. Adelson, 2026 NY Slip Op. 05819, holding that a defendant that successfully obtained dismissal of a declaratory judgment cause of action was entitled to declaratory judgment in its favor . . . Continue reading Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor
On September 8, 2026, Justice Patel of the New York County Commercial Division issued a decision in ET JV Holdings, LLC v. TBH-ASL BSA Member LLC, 2026 NY Slip Op. 51558(U), holding that an option cannot be exercised before the beginning of the option period . . . Continue reading Option Cannot Be Exercised Before Beginning of Option Period
On October 2, 2026, the Fourth Department issued a decision in Agway Energy Servs., LLC v. Central Hudson Gas & Elec. Corp., 2026 NY Slip Op. 05621, staying, but not dismissing, a claim under the primary jurisdiction doctrine . . . Continue reading Claim Stayed Under Primary Jurisdiction Doctrine
On October 6, 2026, the First Department issued a decision in 5 Beekman Prop. Owner, LLC v. Henick-Lane, Inc., 2026 NY Slip Op. 05712, holding that the voluntary payment doctrine did not bar a claim because the payment was made by mistake . . . Continue reading Voluntary Payment Doctrine Did Not Bar Claim Because Payment Was Made by Mistake
On October 6, 2026, the First Department issued a decision in Brice v. Two Sigma Inv. Solutions, LP, 2026 NY Slip Op. 05717, holding that a party may not appeal the decision on a motion it did not oppose . . . Continue reading Party May Not Appeal Decision on Motion it Did Not Oppose
On September 30, 2026, the Second Department issued a decision in Banc of Cal., N.A. v. Plumbing Supply Distrib., LLC, 2026 NY Slip Op. 05510, holding that the plaintiff was not entitled to summary judgment in a foreclosure action because it failed adequately to establish nonpayment . . . Continue reading Summary Judgment in Foreclosure Action Denied for Failure Adequately to Establish Nonpayment
On September 30, 2026, the Second Department issued a decision in Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v. Kliment Halsband Architects, 2026 NY Slip Op. Continue reading Contract Claim Cannot be Reframed as a Negligence Claim
On September 29, 2026, the First Department issued a decision in Murphy v. PHG Funding LLC, 2026 NY Slip Op 05482, holding that a fraud claim failed because, among other things, of the failure adequately to allege justifiable reliance on the alleged misrepresentations . . . Continue reading Fraud Claim Fails Because of, Among Things, Failure Adequately to Allege Justifiable Reliance on the Alleged Misrepresentations
