Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 10, 2025, Justice Walsh of the Westchester County Commercial Division issued a decision in Blue Elephant Specialty Fin. Fund, LP v. Gaspard & Menon Constr., LLC, 2025 NY Slip Op. 52131(U), holding that a guaranty did not waive a usury defense . . . Continue reading Guaranty Did Not Waive Usury Defense
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
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
On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Yes I Can Licensed Behavior Analyst PLLC v. Green Tree Capital, LLC, 2025 NY Slip Op. 34815(U), holding that paying a judgment does not extinguish the right to appeal it . . . Continue reading Paying a Judgment Does Not Extinguish Right to Appeal It
On December 12, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Vigeland v. Sand Assoc., L.P., 2025 NY Slip Op. 34822(U), refusing to award fees incurred in making a fee application . . . Continue reading Court Refuses to Grant Fees Incurred in Making a Fee Application
On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in EN OD Capital v. Jac Contr. Servs. LLC, 2025 NY Slip Op. 34851(U), holding that a merchant cash advance agreement was not a usurious loan . . . Continue reading Merchant Cash Advance Agreement not Usurious Loan
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
On January 8, 2026, the First Department issued a decision in Yolanda Mgt. Corp. v. MicroAlgo, Inc., 2026 NY Slip Op. 00072, holding that a contractual obligation to use best efforts was not unenforceably vague . . . Continue reading Contractual Obligation to Use Best Efforts to Accomplish Task Not Unenforceably Vague
On January 8, 2026, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2026 NY Slip Op. 00053, holding that a motion to strike was deficient because it was not supported by an affirmation of good faith . . . Continue reading Motion to Strike Fails for Lack of Affirmation of Good Faith
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
