Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 5, 2026, the Second Department issued a decision in Abingdon Realty Co., LLC v. Finkelshteyn, 2026 NY Slip Op. 04828, holding that a party’s counsel being on vacation was not a reasonable excuse for failing to oppose a motion . . . Continue reading Counsel’s Vacation Was Not a Reasonable Excuse for Failing to Oppose a Motion
On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err in declining to hold an evidentiary hearing . . . Continue reading Referee Did Not Err in Declining to Hold Evidentiary Hearing
On July 30, 2026, the Third Department issued a decision in Crane v. WP Strategic Holdings, LLC, 2026 NY Slip Op. 04806, holding that parties who voluntarily sold their rights in a company could not later void the sale . . . Continue reading Parties Who Voluntarily Sold Their Rights in a Company Cannot Later Void the Sale
On July 30, 2026, the First Department issued a decision in 217 Trust v. VIR Constr., Inc., 2026 NY Slip Op. 04824, holding that an amended complaint related back even though not all the facts alleged in it were in the original complaint . . . Continue reading Amended Complaint Relates Back Even Though Not All Facts Alleged in it Were in Original Complaint
On July 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Magnetic Parts Trading Ltd. v. National Air Cargo Group, Inc., 2026 NY Slip Op. 51114(U), rejecting an affidavit because it did not include the exact working required by the CPLR . . . Continue reading Affidavit Rejected for Failure to Include Exact Wording Required by CPLR
On July 29, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Rosenblatt, 2026 NY Slip Op. 04788, holding that an action should have been dismissed because of the plaintiff’s failure to seek a default judgment within one year of the defendant’s default . . . Continue reading Action Dismissed as Abandoned Because Plaintiff Failed to Seek a Default Judgment Within One Year of the Defendant’s Default
On July 29, 2026, the Second Department issued a decision in Wilmington Trust, N.A. v. Walker, 2026 NY Slip Op. 04793, holding that a referee erred in basing a damages award on unproduced evidence . . . Continue reading Referee Erred in Basing Damages Award on Unproduced Evidence
On July 22, 2026, the Second Department issued a decision in PHH Mtge. Corp. v. Ruth, 2026 NY Slip Op. 04523, holding that a motion for intervention must be denied if not accompanied by a proposed pleading . . . Continue reading Motion for Intervention Fails for Lack of Proposed Pleading
On July 16, 2026, the First Department issued a decision in Matter of Light & Wonder, Inc. v. Mohawk Gaming Enters. LLC, 2026 NY Slip Op. 04474, upholding a court’s refusal to vacate a class arbitration award . . . Continue reading Court Will Not Vacate Arbitrator’s Class Arbitration Decision
On July 10, 2026, Justice Grays of the Queens County Commercial Division issued a decision in Kim v. Radiology Assoc. of Main St., P.C., 2026 NY Slip Op. 51050(U), holding that an alleged release did not bar a money had and received claim . . . Continue reading Alleged Release Does Not Bar Money Had and Received Claim
