Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On May 14, 2026, Justice Reed of the New York County Commercial Division issued a decision in Computershare Trust Co., N.A. v. Cohen, 2026 NY Slip Op. 50735(U), declining to Continue reading Court Declines to Grant Stay in Connection with Withdrawal of Counsel
On May 7, 2026, Justice Gomez of the Bronx County Commercial Division issued a decision in J&A Concrete Corp. v. Everest Reins. Co., 2026 NY Slip Op. 26068, holding that a plaintiff was bound by the forum selection clause in the contract on which the plaintiff sued . . . Continue reading Plaintiff Bound by Forum Selection Clause
On May 13, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Islam, 2026 NY Slip Op. 03015, holding that an action should be dismissed if the plaintiff failed timely to seek a default judgment . . . Continue reading Action Should be Dismissed for Failure Timely to Move for a Default Judgment
On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances . . . Continue reading Court Should Have Vacated Note of Issue Because of Changed Circumstances
On May 13, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. PF Holding, LLC, 2026 NY Slip Op. 02967, holding that the plaintiff was not entitled to summary judgment because of its failure to submit the business records upon which its motion relied . . . Continue reading Summary Judgment Denied Because of Failure to Submit Business Records Referred to in supporting Affidavit
On April 30, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Credit League, LLC v. Cella Bella’s Hospice Corp., 2026 NY Slip Op. 31905(U), holding Continue reading LLC’s Failure to Abide by Publication Requirements When Formed Prevent it From Suing
On May 7, 2026, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2026 NY Slip Op. 02875, holding that a plaintiff had met the high burden of justifying the issuance of a Hague Convention letter request . . . Continue reading Plaintiff Meets High Burden Justifying Issuance of Hague Convention Letter Request
On May 6, 2026, the Second Department issued a decision in Federal Natl. Mtge. Assn. v. McDonald, 2026 NY Slip Op. 02826, holding that a referee erred in relying on testimony summarizing documents that were not in evidence . . . Continue reading Referee Erred in Relying on Testimony Summarizing Documents That Were Not In Evidence
On May 6, 2026, the Second Department Westchester Fitness, LLC v. Retrofitness, LLC, 2026 NY Slip Op. 02870, holding that a plaintiff had failed to meet the heavy burden for escaping the mandate of a forum selection clause . . . Continue reading Plaintiff Fails to Meet Heavy Burden of Escaping Mandate of Forum Selection Clause
On April 17, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 31768(U), disqualifying a limited liability company’s Continue reading LLC’s Prior Counsel Disqualified From Representing One Member in a Suit Against Another Member Regarding the LLC’s Management
