Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
Commercial Case Notes / Court Rules and Procedures

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 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

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records
Commercial Case Notes / Court Rules and Procedures

That Parties Agreed to Keep Documents Confidential Insufficient Grounds to Seal Court Records

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

Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination
Commercial Case Notes / Court Rules and Procedures

Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination

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

Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened
Commercial Case Notes / Court Rules and Procedures

Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened

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

Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment
Commercial Case Notes / Court Rules and Procedures / Default Judgment

Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment

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

That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records
Commercial Case Notes / Court Rules and Procedures

That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records

On February 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in Jabil Inc. v. Mavenir Sys., Inc., 2026 NY Slip Op. 30686(U), holding that the fact that the parties had agreed to treat documents as confidential was, without more, an insufficient basis to seal court records . . . Continue reading That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records

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
Commercial Case Notes / Court Rules and Procedures

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 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