Category: Court Rules and Procedures

On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer for relief sought “further relief as the court deems just,” it was not improper for a court to grant relief not specifically sought in the motion . . . Continue reading Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion

On February 25, 2026, the Second Department issued a decision in Alnoukari v. Nokari, 2026 NY Slip Op. 01025, holding that a plaintiff need not justify restoring an action to the court’s calendar after it is struck for failure to file a Note of Issue if no 90-day notice has been filed . . . Continue reading Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed

On February 19, 2026, the First Department issued a decision in Penske v. National Holding Corp., 2026 NY Slip Op. 00978, holding that there was no right to a jury trial on a fraudulent inducement claim seeking recission . . . Continue reading No Jury Trial on Fraudulent Inducement Claim When it Seeks Recission

On January 19, 2026, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2026 NY Slip Op. 30259(U), holding that avoiding embarrassment or harm to reputation was an insufficient basis for sealing the court records . . . Continue reading Avoiding Embarrassment or Harm to Reputation Insufficient Basis for Sealing Record

On January 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Huebner v. Elberg, 2026 NY Slip Op. 30293(U), holding that a cross-motion may not be made seeking relief from a party that was not the movant for the initial motion . . . Continue reading Cross-Motion May Not be Made Against Party That was Not the Initial Movant

On February 10, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 00609, holding that the need for additional discovery, without more, is insufficient basis to deny a motion to amend to add fraud-based claims . . . Continue reading Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend

On December 29, 2025, Justice Bannon of the New York County Commercial Division issued a decision in American Challenger Dev. Corp. v. Credit Suisse, 2025 NY Slip Op. 35061(U), holding that conclusory claims of confidentiality or commercial sensitivity were insufficient to justify sealing . . . Continue reading Conclusory Claims of Confidentiality or Commercial Sensitivity Insufficient to Justify Sealing

On December 22, 2025, Justice Cohen of the New York County Commercial Division issued a decision in George S. Kaufman Charitable Found. v. Kearns, 2025 NY Slip Op. 34956(U), holding that the fact that parties designated documents as confidential is, without more, an insufficient basis to justify sealing them . . . Continue reading That Parties Designated Documents as Confidential is, Without More, Insufficient Basis to Justify Sealing

On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in Grace Holmes, Inc. v. Bourbon Sidecar LLC, 2025 NY Slip Op. 34888(U), denying a motion to seal because, among other things, of the failure to submit evidentiary support for the argument that the documents should be sealed . . . Continue reading Motion to Seal Fails for Lack of Evidentiary Support