Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose answer was four months later because of questions regarding whether the defendant was served . . . Continue reading Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
On July 9, 2026, the First Department issued a decision in Homapour v. 3M Props., LLC, 2026 NY Slip Op. 04371, holding that a jury trial waive can apply to persons who did not sign the agreement containing the waiver . . . Continue reading Jury Trial Waiver Can Apply to Persons Who Do Not Sign Agreement Containing the Waiver
