Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On May 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2026 NY Slip Op. 50742(U), holding that a client’s failure to pay is sufficient grounds to grant a motion to withdraw as counsel . . . Continue reading Client’s Failure to Pay is Sufficient Grounds for Withdrawal
On May 5, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Samson MCA LLC v. DI Constr. LLC, 2026 NY Slip Op. 50732(U), refusing to enforce an attorneys’ fees provision of a stipulation of settlement . . . Continue reading Court Refuses to Enforce Attorneys’ Fees Portion of Stipulation of Settlement
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
