Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 27, 2026, the Second Department issued a decision in BP3 Capital, LLC v. 5120 Realty Corp., 2026 NY Slip Op. 03286, holding that apparent authority must be based on the acts of the principal, not the agent . . . Continue reading Apparent Authority Must Be Based on the Acts of the Principal, Not the Agent
On May 27, 2026, the Second Department issued a decision in Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op. 03292, holding that a Judiciary Law 487 claim based on use of false affidavits should survive dismissal . . . Continue reading Judiciary 487 Law Claim Based on Allegations of Use of False Affidavits Survives Dismissal
On May 27, 2026, the Second Department issued a decision in OneWest Bank, FSB v. Johnson, 2026 NY Slip Op. 03315, holding that an action cannot be dismissed for failure to prosecute before issue has been joined . . . Continue reading Action Cannot be Dismissed for Failure to Prosecute Before Issue Has Been Joined
On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable . . . Continue reading Sua Sponte Order Not Directly Appealable
On May 14, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Avion Funding v. Access Prods. Inc., 2026 NY Slip Op. 32048(U), holding that a plaintiff may not move to dismiss an affirmative defense of failure to state a claim . . . Continue reading Plaintiff May Not Move to Dismiss Affirmative Defense of Failure to State a Claim
On May 21, 2026, the First Department issued a decision in Motcomb Estates, Ltd. v. CMB Export Infrastructure Inv. Group 48, LP, 2026 NY Slip Op. 03234, holding that the denial of a motion to dismiss defeated a malicious prosecution claim . . . Continue reading Denial of Motion to Dismiss Defeats Malicious Prosecution Claim
On May 20, 2026, the Second Department issued a decision in City of Philadelphia Bd. of Pensions & Retirement v. Winters, 2026 NY Slip Op. 03141, holding that a motion to dismiss for lack of standing fails if the movant cannot show a lack of standing as a matter of law . . . Continue reading Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law
On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice . . . Continue reading Dismissal for Failure to Prosecute Reversed Because of Inadequate Notice
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts constituted a breach of the covenant of the implied duty of good faith and fair dealing . . . Continue reading Failure to Exercise Best Efforts Constitutes Breach of Covenant of Good Faith and Fair Dealing
On May 20, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Barr, 2026 NY Slip Op. 03199, holding that the statute of limitations on a claim for failure to pay the balance due on a mortgage begins to run when the lender demands that the entire balance be paid . . . Continue reading Statute of Limitations on Mortgage Balance Begins to Run When Lender Demands That Entire Balance be Paid
