Commercial Case Notes Archives

Court Analyzes Investor’s Standing When Governing Agreement Says That Registered Owner, not Beneficial Owner, Can Sue

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

ABS Update / Commercial Case Notes / Contracts

No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture

On March 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in CPPIB Credit Invs. II Inc. v. Deutsche Bank Trust Co. Ams., 2026 NY Slip Op. 31052(U), holding that a no-action clause did not bar a claim based on the denial of a plaintiff’s rights specifically listed in the indenture . . . Continue reading No-Action Clause Did Not Bar Claim Based on Denial of Plaintiff’s Rights Listed in the Indenture

Commercial Case Notes / Contracts / Usury

That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan

On February 23, 2026, Justice Weinmann of the Erie County Commercial Division issued a decision in Ilend Advance LLC v. Her Mktg. Concepts, Inc., 2026 NY Slip Op. 50382(U), holding that even though a merchant cash advance agreement’s reconciliation provision may favor the lender, that did not make the agreement an usurious loan . . . Continue reading That Merchant Cash Advance Agreement’s Reconciliation Provision Favor’s Plaintiff Does Not Make the Agreement an Usurious Loan

Commercial Case Notes / Real Property

For Yellowstone Injunction Purposes, an Unauthorized Ownership Transfer is Curable Defect

On March 20, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Kings Auto. Holdings, LLC v. Brooklyn Store LLC, 2026 NY Slip Op. 31078(U), holding that for the purposes of a Yellowstone injunction, an unauthorized transfer of ownership is a curable defect . . . Continue reading For Yellowstone Injunction Purposes, an Unauthorized Ownership Transfer is Curable Defect

Commercial Case Notes / Damages

New York Statutory Pre-Judgment Interest Rate Does Not Apply to Arbitral Award That Does Not Award Statutory Interest, But Does Apply to Post-Award, Pre-Confirmation, Interest

On March 20, 2026, Justice Masley of the New York County Commercial Division issued a decision in Grayco Alternative Partners II, LP v. 5 Stone Green Capital LLC, 2026 NY Slip Op. 31101(U), holding that New York’s statutory pre-judgment interest rate does not apply to an arbitral award that does not award statutory interest, but does apply to post-award, preconfirmation, interest . . . Continue reading New York Statutory Pre-Judgment Interest Rate Does Not Apply to Arbitral Award That Does Not Award Statutory Interest, But Does Apply to Post-Award, Pre-Confirmation, Interest

Appeals / Commercial Case Notes

Matters That Could Have Been Raised in a Prior Appeal, But Were Not, Cannot be Raised in Later Appeal

On March 27, 2026, the Fourth Department issued a decision in Federal Natl. Mtge. Assn. v. Buczek, 2026 NY Slip Op. 01889, holding that matters that could have been raised in a prior appeal but were not cannot be raised in a later appeal . . . Continue reading Matters That Could Have Been Raised in a Prior Appeal, But Were Not, Cannot be Raised in Later Appeal

Commercial Case Notes / Court Rules and Procedures

Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination

On March 26, 2026, the Third Department issued a decision in Sabre Oxidation Tech., Inc. v. Superior Plus Corp., 2026 NY Slip Op. 01835, holding that the law of the case doctrine only applies to holdings that are essential to a matter’s determination . . . Continue reading Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination

Commercial Case Notes / Discovery/Disclosure

Party Bound by Discovery Stipulation

On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01818, holding that a party was bound by a discovery stipulation it agreed to . . . Continue reading Party Bound by Discovery Stipulation

Commercial Case Notes / Sanctions

Contempt Motion Denied Because of Failure to Provide Required Notice

On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01819, holding that a motion for contempt should be denied because of the failure to give the required notice . . . Continue reading Contempt Motion Denied Because of Failure to Provide Required Notice

Commercial Case Notes / Privilege/Work Product

Party Waived Privilege By Putting Attorney Advice at Issue

On March 26, 2026, the First Department issued a decision in AAEB5 Fund 17, LLC v. Duval & Stachenfeld, LLP, 2026 NY Slip Op. 01838, holding that a party may have waived privilege by putting their counsel’s advice at issue . . . Continue reading Party Waived Privilege By Putting Attorney Advice at Issue

Commercial Case Notes

Attorney Advertising