On October 14, 2026, the Second Department issued a decision in Vashovsky v. Zablocki, 2026 NY Slip Op. 05994, holding that a court did not err in awarding a receiver a commission of less than five percent of the amount recovered . . . Continue reading Court Did Not Err in Granting Receiver Commission of Less Than Five Percent of the Amount Recovered
On October 13, 2026, the First Department issued a decision in Iken v. Bohemian Brethren Presbyt. Church, 2026 NY Slip Op. 05909, holding that delay in asserting a jury waiver bars its enforcement . . . Continue reading Delay in Asserting Jury Waiver Bars its Enforcement
On October 7, 2026, the Second Department issued a decision in Maranov v. Werney, 2026 NY Slip Op. 05778, holding that a court erred in refusing to consider papers that exceeded the word limits of the Commercial Division rules . . . Continue reading Court Erred in Refusing to Consider Papers That Exceeded the Commercial Division Word Limits
On September 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51450(U), holding that a party that fails timely to move to vacate a Note of Issue faces a high burden in vacating it . . . Continue reading Party That Fails to Timely Move to Vacate a Note of Issue Faces a High Burden to Vacate It
On September 3, 2026, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2026 NY Slip Op. 05231, holding that a court erred in reinstating claims rejected by a jury . . . Continue reading Court Erred in Reinstating Claims Rejected by Jury
On August 5, 2026, the Second Department issued a decision in R4 RE, LLC v. Franklin Wash., Inc., 2026 NY Slip Op. 04882, holding that a referee did not err in declining to hold an evidentiary hearing . . . Continue reading Referee Did Not Err in Declining to Hold Evidentiary Hearing
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
On June 30, 2026, the First Department issued a decision in Matter of Miller v. 22 Ericsson Owner LLC, 2026 NY Slip Op. 04148, holding that a trial court erred in conditioning discontinuance on payment of a significant portion of the opposing party’s fees . . . Continue reading Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees
On June 11, 2026, the First Department issued a decision in Peng v. Board of Mgrs. of Acmos on Chrystie LLC, 2026 NY Slip Op. 03740, holding that a court properly denied a motion for discontinuance . . . Continue reading Court Properly Denied Motion for Discontinuance
On May 28, 2026, the First Department issued a decision in James Thomas Realty, LLC v. Cheliotes, 2026 NY Slip Op. 03362, holding that because a derivative claim is an equitable claim, there is no right to a jury trial even though the plaintiff is seeking money damages . . . Continue reading Because a Derivative Claim is Equitable, No Right to Jury Trial Even if the Action Seeks Money Damages
