Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On December 24, 2025, the Second Department issued a decision in Yellin v. Revival Prop. Group, LLC, 2025 NY Slip Op. 07332, holding that a real estate broker has a fiduciary duty and representation of multiple parties to a transaction must therefore be disclosed . . . Continue reading Real Estate Broker Has Fiduciary Duty and Representation of Multiple Parties to a Transaction Must be Disclosed
On December 24, 2025, the Second Department issued a decision in Jesan Constr. Group, LLC v. Medford Ber, LLC, 2025 NY Slip Op. 07290, holding that a trial court abused its discretion in granting a motion for renewal based on evidence available to the plaintiff before suit was brought . . . Continue reading Court Abused Discretion in Granting Renewal Motion Based on Evidence Available to Plaintiff Before Suit was Brought
On November 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Google LLC v. Dr Globaltech, Inc., 2025 NY Slip Op. 34627(U), dismissing a fraud counterclaim based the plaintiff’s alleged misrepresentation of its financial condition for lack of reasonable reliance because the plaintiff’s finances were disclosed to the public . . . Continue reading Fraud Counterclaim Based on Misrepresentation of Financial Condition Dismissed For Lack of Reasonable Reliance Because Plaintiff’s Finances Were Disclosed to Public
On December 17, 2025, the Second Department issued a decision in Normandy Capital Trust v. 223 15th St, LLC, 2025 NY Slip Op. 07011, holding that an LLC member lacked standing to challenge a foreclosure on the LLC’s property . . . Continue reading LLC Member Lacked Standing to Challenge Foreclosure on LLC’s Real Property
On December 18, 2025, the First Department issued a decision in Irizarry v. Zelaya, 2025 NY Slip Op. 07096, applying the malicious litigation exception to the fair report privilege . . . Continue reading Court Applies Malicious Litigation Exception to Defamation Fair Report Privilege
On November 29, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Silver Point Fin., LLC v. Venetos, 2025 NY Slip Op. 34571(U), holding that the existence of loan collateral does not preclude collection of a defaulted loan against the guarantor . . . Continue reading Existence of Loan Collateral Does Not Preclude Collection Against Guarantor
