Questions of Fact Precluded Dismissal Based on a Release Where the Release Allegedly Was Procured Through Economic Duress
Commercial Case Notes / Motion to Dismiss

Questions of Fact Precluded Dismissal Based on a Release Where the Release Allegedly Was Procured Through Economic Duress

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

Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal
Commercial Case Notes / Motion to Dismiss

Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal

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

No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues
Commercial Case Notes / Motion to Dismiss / Venue

No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues

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

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
Commercial Case Notes / Court Rules and Procedures / Motion to Dismiss

Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims

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