Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 19, 2025, the Second Department issued a decision in HSBC Bank USA, N.A. v. Mair, 2025 NY Slip Op. 00954, holding that a party could not be added to an action after judgment was entered . . . Continue reading Party May Not Be Added After Judgment is Entered
On February 19, 2025, the Second Department issued a decision in Kliger-Weiss Infosystems, Inc. v. Ruskin Moscou Faltischek, P.C., 2025 NY Slip Op. 00956, holding that absent new facts or a change in the law, a prior appellate decision is the law of the case, barring the relitigation of an issue . . . Continue reading Absent New Facts or Change in Law, Prior Appellate Decision is Law of the Case, Barring Relitigating Issue
On January 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Perella Weinberg Partners LLC v. Kramer, 2025 NY Slip Op 50024(U) [84 Misc 3d 1263(A)], holding that a notice to admit may be served after the note of issue is filed . . . Continue reading Notice to Admit May Be Served After Note of Issue is Filed
On January 15, 2025, Justice Reed of the New York County Commercial Division issued a decision in Mermelstein v. Waspit Group, Inc., 2025 NY Slip Op. 50027(U) [84 Misc 3d 1263(A)], holding that a plaintiff may not move for summary judgment before the defendants answer the complaint . . . Continue reading Plaintiff May Not Move for Summary Judgment Before Defendants Answer the Complaint
On January 14, 2025, the First Department issued a decision in Finch Prop. Holdings I, LLP v. Blumenfeld, 2025 NY Slip Op. 00190, holding that a court properly declined to dismiss an action in favor of an earlier-filed action . . . Continue reading Court Properly Declined to Dismiss Case in Favor of First-Filed Action
On January 21, 2025, the First Department issued a decision in TH Holdco LLC v. Rubin, 2025 NY Slip Op. 00300, holding that a guarantor’s “liability under [a] guaranty is not reduced or extinguished by the bankruptcy proceeding initiated by the borrower.” Continue reading Borrower’s Bankruptcy Did Not Affect Guarantor’s Obligations
On January 30, 2025, the First Department issued a decision in G & Y Maintenance Corp. v. 540 W. 48th St. Corp., 2025 NY Slip Op. 00481, holding that amended Continue reading Claims Do Not Relate Back When They Relate to Different Facts and Duties
On February 4, 2025, the First Department issued a decision in Lazar v. Mor, 2025 NY Slip Op. 00630, holding that amended claims related back to the original complaint even though they involved new causes of action . . . Continue reading Amended Claims Related Back to Original Complaint Even Though They Related to New Causes of Action
On February 6, 2025, the First Department issued a decision in Gurney-Goldman v. Sol Goldman Invs. LLC, 2025 NY Slip Op. 00722, holding that a limited liability company could not be held liable for the breach of its operating agreement . . . Continue reading LLC Not Liable for Breach of Its Operating Agreement
On February 11, 2025, the First Department issued a decision in ROAM Capital, Inc. v. Asia Alternatives Mgt. LLC, 2025 NY Slip Op. 00798, holding that documents withheld as privileged but not recorded on a privilege log must be produced . . . Continue reading Documents Withheld as Privileged But Not Recorded on Privilege Log Ordered Produced
