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
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
On October 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Citi Private Advisory, LLC v. Barrett, 2025 NY Slip Op. 34158(U), denying a sealing motion for failure adequately to document the need for sealing . . . Continue reading Sealing Motion Denied for Failure Adequately to Document Need for Sealing
On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in La Playastar Uno LLC v. Coco Hotel 1 LLC, 2025 NY Slip Op. 34114(U), denying a motion to seal because of a lack of factual justification . . . Continue reading Motion to Seal Denied for Lack of Factual Justification
On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because, among other reasons, the party failed to submit a copy of the amended pleading showing the proposed changes . . . Continue reading Motion to Amend Denied for Failure to Show Proposed Changes
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
On October 8, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Gendelman, 2025 NY Slip Op. 05501, holding that a referee’s delay in issuing a report does not require its rejection . . . Continue reading Referee’s Delay in Issuing Report Does Not Require its Rejection
On September 16, 2025, Justice Cohen of the New York County Commercial Division issued a decision in AI Intl. Holdings (BVI) Ltd. v. TWC Borrower 2016, LLC, 2025 NY Slip Op. 33499(U), holding that a signed stipulation of discontinuance ended the claims against a defendant, preventing him from asserting third-party claims, even though the stipulation had not been submitted to the court . . . Continue reading Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court
On September 8, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Cherokee Funding II, LLC v. Express Funding of Am., LLC, 2025 NY Slip Op. 33368(U), holding that the fact that the parties had agreed to keep certain documents confidential was an insufficient basis for sealing court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Capitalize Group LLC v. Empire Core Group LLC, 2025 NY Slip Op. 51444(U), holding that a confession of judgment must be vacated through a plenary action, not by motion . . . Continue reading Confession of Judgment Must be Vacated Through Plenary Action, not Motion
