Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 8, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG Lender 10 LLC v. Chetrit, 2025 NY Slip Op. 33902(U), holding that Continue reading Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement
On October 23, 2025, the First Department issued a decision in Peck v. Milbank LLP, 2025 NY Slip Op. 05895, dismissing a Judiciary Law Section 487 claim for failure adequately to allege deceptive acts . . . Continue reading Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts
On October 21, 2025, the First Department issued a decision in Bennigson v. Salvation Army, 2025 NY Slip Op. 05762, holding that laches barred a claim relating to art sold during the Holocaust . . . Continue reading Laches Bars Claim Relating to Art Sold During Holocaust
On October 21, 2025, the First Department issued a decision in Arencibia v. SilverLining, Inc., 2025 NY Slip Op. 05761, holding that a three-year covenant not to compete that was not limited to the employer’s customers was overbroad and thus unenforceable . . . Continue reading Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable
On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hopkins Hawley LLC v. Yarrow Two LLC, 2025 NY Slip Op. 33745(U), holding that a an LLC lacked standing to sue when it had failed to publish its articles of organization and file the proof of publication , , , Continue reading LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication
On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Credit Suisse Intl. v. Broadcom Inc., 2025 NY Slip Op. 33772(U), holding that Continue reading Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting
On October 4, 2025, Justice Masley of the New York County Commercial Division issued a decision in Comcast Cable Communications Mgt., LLC v. Entropic Communications, LLC, 2025 NY Slip Op. 33776(U), holding that a plaintiff could seek legal fees as damages because they arose in an earlier action . . . Continue reading Plaintiff May Seek Legal Fees as Damages When They Arise in an Earlier Litigation
On October 9, 2025, Justice Reed of the New York County Commercial Division issued a decision in Miller v. 22 Ericsson Owner LLC, 2025 NY Slip Op. 51595(U), allowing a plaintiff to discontinue an action without prejudice conditioned on the plaintiff paying the defendant’s fees and expenses . . . Continue reading Plaintiff Allowed to Discontinue Action Without Prejudice Conditioned on Paying Defendant’s Fees and Expenses
On October 15, 2025, the Second Department issued a decision in Nationstar Mtge., LLC v. Lalman, 2025 NY Slip Op. 05689, holding that a buyer was obligated to close even though a prior owner was challenging a foreclosure sale . . . Continue reading Buyer Obligated to Close Even Though Prior Owner Was Challenging Foreclosure Sale
On October 16, 2025, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2025 NY Slip Op. 05744, holding that a court lacked the power to order discovery of a foreign non-party without following the Hague Convention process . . . Continue reading Court Lacked Power to Order Discovery of Foreign Non-Party Without Following Hague Convention Process
