Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 26, 2026, the Third Department issued a decision in Sabre Oxidation Tech., Inc. v. Superior Plus Corp., 2026 NY Slip Op. 01835, holding that the law of the case doctrine only applies to holdings that are essential to a matter’s determination . . . Continue reading Law of the Case Doctrine Only Applies to Holdings That Are Essential to a Matter’s Determination
On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01818, holding that a party was bound by a discovery stipulation it agreed to . . . Continue reading Party Bound by Discovery Stipulation
On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01819, holding that a motion for contempt should be denied because of the failure to give the required notice . . . Continue reading Contempt Motion Denied Because of Failure to Provide Required Notice
On March 26, 2026, the First Department issued a decision in AAEB5 Fund 17, LLC v. Duval & Stachenfeld, LLP, 2026 NY Slip Op. 01838, holding that a party may have waived privilege by putting their counsel’s advice at issue . . . Continue reading Party Waived Privilege By Putting Attorney Advice at Issue
On March 26, 2026, the First Department issued a decision in Canara Bank, London Branch v. MVP Group Intl., Inc., 2026 NY Slip Op. 01868, holding that a plaintiff should have been allowed voluntarily to discontinue its claims . . . Continue reading Plaintiff Should Have Been Allowed to Discontinue its Claims
On March 26, 2026, the First Department issued a decision in Richmond Global Compass Fund Mgt. GP, LLC v. Nascimento, 2026 NY Slip Op. 01862, holding that non-parties must provide privilege logs . . . Continue reading Non-Parties Must Provide Privilege Logs
On March 13, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Happy Hearts on the Hudson, Inc. v. Maban, 2026 NY Slip Op. 50328(U), holding that nail and mail service was inadequate because of a lack of diligence in attempting to serve the defendant personally . . . Continue reading Nail and Mail Service Inadequate Because of Lack of Diligence in Attempting to Serve Defendant Personally
On March 16, 2026, Justice Jamieson of the Westchester County Commercial Division issued a decision in Wilmington Sav. Fund Socy., FS v. Marrow, 2026 NY Slip Op. 50334(U), dismissing a foreclosure action for failure to serve the defendant at the proper address . . . Continue reading Foreclosure Action Dismissed For Failure to Serve Defendant at Proper Address
On March 12, 2026, Justice Patel of the New York County Commercial Division issued a decision in SC Philips Clark LLC v. Shore Club Prop. Owner LLC, 2026 NY Slip Op. 30907(U), allowing a plaintiff to amend a complaint even though it meant that discovery would be reopened . . . Continue reading Court Allows Plaintiff to Amend Complaint After Close of Discovery Even Though Discovery Must be Reopened
On March 11, 2026, Justice Patel of the New York County Commercial Division issued a decision in Pepper v. Di Angelo, 2026 NY Slip Op. 30934(U), holding that a purported error in the nature of a reference to a referee was not a basis for vacating a judgment . . . Continue reading Purported Error in Nature of Reference to Referee No Basis for Vacating Judgment
