On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available . . . Continue reading Contract Can be Enforced Even if the Original is Not Available
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
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
On February 25, 2026, the Second Department issued a decision in Catalogne v. Class Action Recovery, LLC, 2026 NY Slip Op. 01029, holding that the statute of frauds barred a claim for breach of an oral agreement to assist in the negotiation of a business opportunity . . . Continue reading Statute of Frauds Barred Claim for Breach of Oral Agreement to Negotiate Business Opportunity
On February 9, 2026, Justice Crane of the New York County Commercial Division issued a decision in Yonder Media Mobile Inc. v. FuboTV, Inc., 2026 NY Slip Op. 30466(U), holding that a promissory estoppel claim cannot overcome the fact that a term sheet unambiguously stated that it was not a binding agreement . . . Continue reading Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement
On February 18, 2026, the Second Department issued a decision in Sal Savasta, Inc. v. Boar’s Head Provisions Co., Inc., 2026 NY Slip Op. 00924, holding that a plaintiff had adequately alleged a claim for economic duress . . . Continue reading Plaintiff Adequately Alleged Claim of Economic Duress
On January 12, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Access Advance LLC v. Shenzhen Geniatech Inc., 2026 NY Slip Op. 30198(U), holding that a party that did not sign a contract can be liable for breach of the contract as an alter ego of a signer . . . Continue reading Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer
On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a claim for breach of the implied covenant of good faith and fair dealing based on the same facts, and seeking the same damages, as a breach of contract claim was duplicative and should be dismissed . . . Continue reading Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails
On December 19, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Cross Riv. Bank v. Breadberry Lakewood, LLC, 2025 NY Slip Op. 34968(U), holding that a guaranty must be read together with contemporaneous loan documents . . . Continue reading Guaranty Must Be Read Together With Contemporaneous Loan Documents
