Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On January 6, 2026, the First Department issued a decision in Taxi Tours, Inc. v. Go N.Y. Tours Inc., 2026 NY Slip Op. 00034, holding that there is no appeal from an order issued sua sponte . . . Continue reading No Appeal from an Order Issued Sua Sponte
On January 6, 2026, the First Department issued a decision in Silver Hgts. Dev. LLC v. 972 La Forza Del Destino, LLC, 2026 NY Slip Op. 00033, holding that “[n]o appeal lies from an order declining to sign an order to show cause, since it is an ex parte order that does not decide a motion made on notice.” Continue reading No Appeal of Refusal to Sign Order to Show Cause
On December 5, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Romspen Inv. LP v. Ebrahimzadeh, 2025 NY Slip Op. 34692(U), holding that a borrower’s bankruptcy does not bar an action against a guarantor . . . Continue reading Borrower’s Bankruptcy Does Not Bar Action Against Guarantor
On December 8, 2025, Justice Patel of the New York County Commercial Division issued a decision in Castleman v. Interactive Brokers LLC, 2025 NY Slip Op. 34694(U), holding that a receiver’s claims were barred by the in pari delicto doctrine . . . Continue reading Receiver’s Claims Barred by In Pari Delicto Doctrine
On December 10, 2025, Justice Patel of the New York County Commercial Division issued a decision in Fox and Main, LLC v. Pyramid-BMC Holdings, LLC, 2025 NY Slip Op. 34737(U), denying a motion to seal for lack of evidentiary support for the claim that the document met the standard for sealing . . . Continue reading Sealing Motion Fails for Lack of Evidentiary Support for Claim that Documents Meet the Standard for Sealing
On October 2, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Peckham Asphalt Resale Corp. v. Gorman, 2025 NY Slip Op. 52063(U), holding that a fraudulent inducement claim was barred by a merger clause . . . Continue reading Fraudulent Inducement Claim Barred by Merger Clause
On September 10, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Crane v. WP Strategic Holdings, LLC, 2025 NY Slip Op. 52064(U), holding that a fraud claim against an alleged fiduciary failed for lack of reasonable reliance . . . Continue reading Fraud Claim Against Alleged Fiduciary Fails for Lack of Reasonable Reliance
On December 31, 2025, the Second Department issued a decision in Reels v. Emezu, 2025 NY Slip Op. 07424, holding that a referee exceeded her powers by deciding liability issues when the reference was just for an inquest on damages . . . Continue reading Referee Exceeded Powers by Deciding Liability Issues When Reference Was Just for Inquest on Damages
On December 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Berkovec v. Blue Matrix I, LLC, 2025 NY Slip Op. 34667(U), holding that Continue reading Name of Potential Client Not Privileged
On December 2, 2025, Justice Bannon of the New York County issued a decision in Firmauto USA Inc. v. Walter Auto Loan Trust, 2025 NY Slip Op. 34670(U), holding that clickwrap agreement on the defendant’s website containing an agreement to arbitrate did not control over the dispute resolution terms of the parties’ written contract . . . Continue reading Clickwrap Agreement on Defendant’s Website Does Not Control Over Dispute Resolution Terms of Parties’ Written Contract
