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 February 3, 2026, the First Department issued a decision in Shanklin v. Wilhelmina Models, Inc., 2026 NY Slip Op. 00480, holding that a years-long delay in seeking an order of class certification did not bar the ultimate request for that order . . . Continue reading Years-Long Delay in Seeking Order Not Fatal
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
On January 6, 2026, the First Department issued a decision in Taxi Tours, Inc. v. Go N.Y. Tours Inc., 2026 NY Slip Op. 00034, holding that there is no appeal from an order issued sua sponte . . . Continue reading No Appeal from an Order Issued Sua Sponte
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
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
On December 10, 2025, the Second Department issued a decision in Fox v. Nocella, 2025 NY Slip Op. 06848, holding that a decision on a preliminary injunction motion was not law of the case . . . Continue reading Preliminary Injunction Decision Not Law of the Case
On December 10, 2025, the Second Department issued a decision in LNV Corp. v. King, 2025 NY Slip Op. 06851, holding that a motion for intervention was properly denied because of unreasonable delay in seeking it . . . Continue reading Intervention Denied Because of Delay in Moving for it
