Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration
Arbitration, Mediation and Other ADR / Commercial Case Notes / Res Judicata/Collateral Estoppel

Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

On January 13, 2026, the First Department issued a decision in Cantor Fitzgerald & Co. v. PEI Global Partners Holdings LLC, 2026 NY Slip Op. 00080, holding that a non-party to an arbitration was bound by the arbitration decision because they were in privity with a party to the arbitration . . . Continue reading Non-Party to Arbitration Bound by Decision Because They Were in Privity With a Party to the Arbitration

Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer
ABS Update / CMBS / Commercial Case Notes / Statute of Limitation/Laches

Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer

On January 15, 2026, the First Department issued a decision in Wells Fargo Bank, N.A. v. UBS AG, 2026 NY Slip Op. 00221, holding that a a claim for breach of a CMBS PSA was time-barred under New York’s borrowing statute based on the location of the special servicer . . . Continue reading Claim for Breach of CMBS PSA Time Barred Under Borrowing Statute Based on Location of Special Servicer

Motion to Seal Fails for Lack of Evidentiary Support
Commercial Case Notes / Court Rules and Procedures

Motion to Seal Fails for Lack of Evidentiary Support

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

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground
Commercial Case Notes / Evidence / Summary Judgment

Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground

On January 6, 2026, the First Department issued a decision in Valley Natl. Bank v. Community Prot. Church of Co-op City, Inc., 2026 NY Slip Op. 00036, holding that a motion should not be denied based on the inadmissibility of the supporting evidence if the non-movant did not challenge the evidence on that ground . . . Continue reading Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground