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

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
Commercial Case Notes / Court Rules and Procedures

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 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

Avoiding Embarrassment or Harm to Reputation Insufficient Basis for Sealing Record
Commercial Case Notes / Court Rules and Procedures

Avoiding Embarrassment or Harm to Reputation Insufficient Basis for Sealing Record

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