Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 31, 2026, the First Department issued a decision in Levin v. Salvini, 2026 NY Slip Op. 01918, holding that a liquidated damages clause was an unenforceable penalty . . . Continue reading Liquidated Damages Clause Unenforceable Penalty
On March 20, 2026, Justice Boddie or the Kings County Commercial Division issued a decision in Protalus USA LLC v. Shine Capital Group LLC, 2026 NY Slip Op. 31165(U), holding that usury must be asserted as a defense, not a claim . . . Continue reading Usury Must be Asserted as a Defense, Not a Claim
On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available . . . Continue reading Contract Can be Enforced Even if the Original is Not Available
On March 21, 2026, Justice Masley of the New York County Commercial Division issued a decision in Enterprise v. Shvo, 2026 NY Slip Op. 31129(U), holding that a fraud claim cannot be based on a statement of intention to act in the future . . . Continue reading Fraud Claim Cannot be Based on Intentions to Act in the Future
On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means . . . Continue reading Tortious Interference Counterclaim Dismissed for Failure Adequately to Allege Improper Motive or Means
On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in McLaughlin & Stern, LLP v. Rocketstar, Inc., 2026 NY Slip Op. 30988(U), holding that when a defendant directed opposing counsel to communicate with defendant’s counsel, opposing counsel did not err in sending notice of client’s rights to its counsel . . . Continue reading When Defendant Directs Opposing Counsel to Communicate With its Counsel, Opposing Counsel Did Not Err in Sending Notice of Client Rights to Counsel
On March 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Biz Advance Now, Inc. v. BHMAAA Inc., 2026 NY Slip Op. 31001(U), holding that a defendant’s failure to submit an affidavit rebutting service was fatal to a challenge to service . . . Continue reading Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service
On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Namdar Fordham Landing LLC v. Fordham Landing Preferred Sponsor, LLC, 2026 NY Slip Op. 31005(U), holding that a fiduciary’s conflicts of interest, even if permitted by contract, were still relevant to the balance of the equities in deciding an injunction . . . Continue reading Fiduciary’s Conflicts of Interest, Even if Permitted by Contract, Still are Relevant to Balance of the Equities
On March 16, 2026, Justice Crane of the New York County Commercial Division issued a decision in GRIT BXNG at Home, Inc. v. SweatWorks LLC, 2026 NY Slip Op. 31011(U), dismissing a claim based on injury to reputation where there were no non-conclusory damages allegations . . . Continue reading Court Dismisses Claim Based on Injury to Reputation Where There Were No Non-Conclusory Damages Allegations
On March 17, 2026, Justice Masley of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Chang Ye Inv. Co. Ltd., 2026 NY Slip Op. 31050(U), analyzing the issue of an investor’s standing to sue when the governing agreement provides that the registered owner, not the beneficial owner, can sue . . . Continue reading Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue
