Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 27, 2026, the First Department issued a decision in Blumenfeld v. Smith, 2026 NY Slip Op. 00308, holding that a demand for a bill of particulars seeking evidentiary material was improper . . . Continue reading Demand for Bill of Particulars Seeking Evidentiary Material Improper
On January 29, 2026, the First Department issued a decision in Milne Travel Agency, Inc. v. Altour Del., LLC, 2026 NY Slip Op. 00426, holding that a fraud claim was untimely because the plaintiff failed to sue within two years of being on inquiry notice of the fraud . . . Continue reading Fraud Claim Untimely Because Plaintiff Failed to Sue Within Two Years of Being on Inquiry Notice of the Fraud
On January 21, 2026, the Second Department issued a decision in Sharma v. Mullins, 2026 NY Slip Op. 00276, holding that someone who is not an aggrieved party cannot appeal, even if the decision has language or reasoning adverse to them . . . Continue reading Someone Who is Not Aggrieved Party Cannot Appeal, Despite Language or Reasoning Adverse to Them
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 January 21, 2026, the Second Department issued a decision in Hello Beautiful Salons, Inc. v. Dimoplon, 2026 NY Slip Op. 00242, holding that a plaintiff stated a claim for trespass to chattel based on unauthorized access to, and interference with, the plaintiff’s computer . . . Continue reading Plaintiff States Trespass to Chattel Claim Based on Access and Interference With its Computer Systems
On January 21, 2026, the Second Department issued a decision in 450 Gin Lane SH, LLC v. Gentry Constr. Co., Inc., 2026 NY Slip Op. 00228, holding that a claim for contribution cannot be based only on the breach of a contractual duty . . . Continue reading Contribution Claim Based on Breach Only of Contractual Duty Fails
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 28, 2025, Justice Crane of the New York County Commercial Division issued a decision in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 35067(U), reducing an attorney fee award 40% because of block billing and incomplete documentation of attorney qualifications . . . Continue reading Attorney Fee Award Reduced 40% Because of Block Billing and Incomplete Documentation of Attorney Qualifications
On December 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in AMTAX Holdings 227, LLC v. Cohnreznick LLP, 2025 NY Slip Op. 35086(U), holding that normally, accountants do not have fiduciary duties to their clients . . . Continue reading Accountant Does Not Have Fiduciary Duties to Clients
On December 31, 2025, Justice Masley of the New York County Commercial Division issued a decision in Alliance Equity Group LLC v. Weiss, 2025 NY Slip Op. 35091(U), holding that a promissory note’s reference to other agreements did not make it not an instrument for the payment of money only for purposes of CPLR 3213 . . . Continue reading Note’s Reference to Other Agreements Did Not Make it Not a Instrument for Payment of Money Only Under CPLR 3213
