Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 10, 2026, Justice Cohen of the New York County Commercial Division issued a decision in 100 & 130 Biscayne LLC v. EE NWT OM, LLC, 2026 NY Slip Op. 30945(U), holding that a sealing order did not affect the admissibility of evidence at trial . . . Continue reading Sealing Order Does Not Affect Admissibility of Evidence At Trial
On March 10, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Levien v. Mancorp Realty Co. L.L.C., 2026 NY Slip Op. 30947(U), vacating a default judgment because the defendant did not have notice of the lawsuit . . . Continue reading Court Vacates Default Judgment Because Defendant Did Not Have Notice of the Lawsuit
On March 19, 2026, the First Department issued a decision in Gurney-Goldman v. Soil Mgt. LLC, 2026 NY Slip Op. 01596, holding that an attorney transcription of a non-privileged conversation was not privileged . . . Continue reading Attorney Transcription of a Non-Privileged Conversation Not Privileged
On March 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Starwood Prop. Mtge. Sub-2, L.L.C. v. Stalcup, 2026 NY Slip Op. 30869(U), reducing a fee award because of the failure to show that qualifications of non-attorney personnel . . . Continue reading Court Reduces Fee Award Because of Failure to Show Qualifications of Non-Attorney Staff
On March 6, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in 1002 Realty Corp. v. Gilgurd, 2026 NY Slip Op. 30835(U), dismissing an ejectment claim for failure to give pre-suit notice . . . Continue reading Ejectment Claim Dismissed for Failure to Give Notice
On March 5, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 30803(U), scheduling a hearing to resolve factual questions regarding the disqualification of counsel because of a conflict . . . Continue reading Court Schedules Hearing to Resolve Factual Questions Regarding Attorney Disqualification
On March 3, 2026, Justice Crane of the New York County Commercial Division issued a decision in RGA Gigi LLC v. Wieder & Friedman Enters. Inc., 2026 NY Slip Op. 30780(U), holding that shipping goods to New York was not doing business in New York for LLC Law Section 808 purposes . . . Continue reading Shipping Goods to New York Not Doing Business for LLC Law § 808 Purposes
On March 12, 2026, the First Department issued a decision in DKC Group Holdings, LLC v. Reece, Inc., 2026 NY Slip Op. 01442, holding that a forum selection clause did not create jurisdiction over a claim for aiding and abetting a breach of fiduciary duty . . . Continue reading Forum Selection Clause Did Not Create Jurisdiction Over Aiding and Abetting Breach of Fiduciary Duty Claim
On February 26, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in LA Cachette Du Coin LLC v. 625 Rogers 2018 LLC, 2026 NY Slip Op. 30744(U), holding that a Yellowstone injunction is unavailable if it is sought after the time to cure has elapsed . . . Continue reading Yellowstone Injunction Unavailable if Sought After Time to Cure Has Elapsed
On March 1, 2026, Justice Masley of the New York County Commercial Division issued a decision in Ventura v. Rosenblum, 2026 NY Slip Op. 30747(U), rejecting an attempt at wholesale sealing of court records . . . Continue reading Court Rejects Attempt at Wholesale Sealing of Court Records
