Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
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
