Sealing Motion Fails for Lack of Evidentiary Support for Claim that Documents Meet the Standard for Sealing
Commercial Case Notes / Court Rules and Procedures

Sealing Motion Fails for Lack of Evidentiary Support for Claim that Documents Meet the Standard for Sealing

On December 10, 2025, Justice Patel of the New York County Commercial Division issued a decision in Fox and Main, LLC v. Pyramid-BMC Holdings, LLC, 2025 NY Slip Op. 34737(U), denying a motion to seal for lack of evidentiary support for the claim that the document met the standard for sealing . . . Continue reading Sealing Motion Fails for Lack of Evidentiary Support for Claim that Documents Meet the Standard for Sealing

Referee Exceeded Powers by Deciding Liability Issues When Reference Was Just for Inquest on Damages
Commercial Case Notes / Court Rules and Procedures

Referee Exceeded Powers by Deciding Liability Issues When Reference Was Just for Inquest on Damages

On December 31, 2025, the Second Department issued a decision in Reels v. Emezu, 2025 NY Slip Op. 07424, holding that a referee exceeded her powers by deciding liability issues when the reference was just for an inquest on damages . . . Continue reading Referee Exceeded Powers by Deciding Liability Issues When Reference Was Just for Inquest on Damages

Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires
Commercial Case Notes / Court Rules and Procedures

Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires

On December 3, 2025, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Sposato, 2025 NY Slip Op. 06752, holding that a motion for renewal based on a change of law must be made before the time to appeal the final judgment expires . . . Continue reading Motion for Renewal Based on Change in Law Must be Made Before the Time to Appeal the Final Judgment Expires

That Document Contains Confidentiality Provision is Insufficient Justification for Sealing
Commercial Case Notes / Court Rules and Procedures

That Document Contains Confidentiality Provision is Insufficient Justification for Sealing

On November 3, 2025, Justice Masley of the New York County Commercial Division issued a decision in F21 IPCO, LLC v. Alameda DC, 2025 NY Slip Op. 34215(U), holding that the fact that a document contains a confidentiality provision is an insufficient basis for sealing it . . . Continue reading That Document Contains Confidentiality Provision is Insufficient Justification for Sealing

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses
Commercial Case Notes / Court Rules and Procedures

Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses

On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses