On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default . . . Continue reading Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default
On April 7, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Rocco Agostino Landscape & Gen. Contr. Corp. v. City of New York, 2026 NY Slip Op. 31400(U), holding the format of a special master’s report is an improper basis for objecting to the report . . . Continue reading Format of Special Master’s Report Improper Basis for Objection
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action . . . Continue reading Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records
On March 26, 2026, the Third Department issued a decision in Sabre Oxidation Tech., Inc. v. Superior Plus Corp., 2026 NY Slip Op. 01835, holding that the law of the case doctrine only applies to holdings that are essential to a matter’s determination . . . Continue reading Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination
On March 26, 2026, the First Department issued a decision in Canara Bank, London Branch v. MVP Group Intl., Inc., 2026 NY Slip Op. 01868, holding that a plaintiff should have been allowed voluntarily to discontinue its claims . . . Continue reading Plaintiff Should Have Been Allowed to Discontinue its Claims
On March 12, 2026, Justice Patel of the New York County Commercial Division issued a decision in SC Philips Clark LLC v. Shore Club Prop. Owner LLC, 2026 NY Slip Op. 30907(U), allowing a plaintiff to amend a complaint even though it meant that discovery would be reopened . . . Continue reading Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened
On March 11, 2026, Justice Patel of the New York County Commercial Division issued a decision in Pepper v. Di Angelo, 2026 NY Slip Op. 30934(U), holding that a purported error in the nature of a reference to a referee was not a basis for vacating a judgment . . . Continue reading Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment
On March 10, 2026, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2026 NY Slip Op. 30945(U), holding that a sealing order did not affect the admissibility of evidence at trial . . . Continue reading Sealing Order Does Not Affect Admissibility of Evidence At Trial
On March 1, 2026, Justice Masley of the New York County Commercial Division issued a decision in Ventura v. Rosenblum, 2026 NY Slip Op. 30747(U), rejecting an attempt at wholesale sealing of court records . . . Continue reading Court Rejects Attempt at Wholesale Sealing of Court Records
