On May 14, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Avion Funding v. Access Prods. Inc., 2026 NY Slip Op. 32048(U), holding that a plaintiff may not move to dismiss an affirmative defense of failure to state a claim . . . Continue reading Plaintiff May Not Move to Dismiss Affirmative Defense of Failure to State a Claim
On April 29, 2026, the Second Department issued a decision in Karp v. Madison Realty Capital, L.P., 2026 NY Slip Op. 02637, holding that questions of fact precluded dismissal based on a release where the release allegedly was procured through economic duress . . . Continue reading Questions of Fact Precluded Dismissal Based on a Release Where the Release Allegedly Was Procured Through Economic Duress
On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it . . . Continue reading A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It
On January 8, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Parrish v. Marsh & McLennan Cos., Inc., 2026 NY Slip Op. 30045(U), holding that the assertion that an action was filed in New York instead of other jurisdictions to gain a tactical advantage is an insufficient basis to dismiss and action . . . Continue reading Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal
Decided on January 21, 2026, the Second Department issued a decision in Ramirez v. Issa, 2026 NY Slip Op. 00272, holding that affirmative defenses unrelated to the facts of an action should be dismissed . . . Continue reading Affirmative Defenses Unrelated to the Facts of an Action Dismissed
On December 11, 2025, the First Department issued a decision in Mycklebust v. Consolidated Edison Co. of N.Y., Inc., 2025 NY Slip Op. 06910, affirming the dismissal of a dispute regarding utility charges under the primary jurisdiction doctrine, explaining: Continue reading Action Regarding Utility Charges Dismissed Under Primary Jurisdiction Doctrine
On November 13, 2025, the First Department issued a decision in 417 N. Comanche St., LLC v. EMRES II Tex., LLC, 2025 NY Slip Op. 06245, holding that dismissal in favor o a prior pending action was proper despite differing damages theories . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Despite Different Damages Being Sought
On October 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CPIF Bloomington, LLC v. Prager, 2025 NY Slip Op. 34027(U), declining to dismiss an action in favor of a prior pending action because of an insufficient overlap of issues . . . Continue reading No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues
On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical . . . Continue reading Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
On August 6, 2025, the Second Department issued a decision in Benjamin v. Kahen, 2025 NY Slip Op. 04538, holding that an action was barred by an unambiguous release . . . Continue reading Action Barred by Unambiguous Release
