Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On November 18, 2025, the First Department issued a decision in Sire Spirits, LLC v. Beam Suntory, Inc., 2025 NY Slip Op. 06297, holding that a plaintiff could not claim lost profits in connection with a fraud claim . . . Continue reading Plaintiff Cannot Claim Lost Profits in Fraud Claim
On November 3, 2025, Justice Masley of the New York County Commercial Division issued a decision in F21 IPCO, LLC v. Alameda DC, 2025 NY Slip Op. 34215(U), holding that the fact that a document contains a confidentiality provision is an insufficient basis for sealing it . . . Continue reading That Document Contains Confidentiality Provision is Insufficient Justification for Sealing
On October 24, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Z & M Assoc. Inc. v. North & Main Realty Co., 2025 NY Slip Op. 51764(U), denying renewal for failure to justify the failure to submit evidence in support of the original motion . . . Continue reading Renewal Denied For Failure to Justify Failure to Submit Evidence With Original Motion
On October 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Citi Private Advisory, LLC v. Barrett, 2025 NY Slip Op. 34158(U), denying a sealing motion for failure adequately to document the need for sealing . . . Continue reading Sealing Motion Denied for Failure Adequately to Document Need for Sealing
On October 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Acore Capital Mtge., LP v. Foulger, 2025 NY Slip Op. 34184(U), holding that questions of fact regarding the amount owed barred summary judgment in lieu of complaint on an unconditional guaranty . . . Continue reading Questions of Fact Regarding Amount Owed Bars Summary Judgment in Lieu of Complaint on Guaranty
On November 12, 2025, the Second Department issued a decision in Speyside Holdings, LLC v. Nebari Natural Resources Credit Fund I, LP, 2025 NY Slip Op. 06208, holding that an investor was not entitled to an injunction staying a foreclosure . . . Continue reading Investor Not Entitled to Injunction Staying Foreclosure
On November 12, 2025, the Second Department issued a decision in Wymara Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 06220, holding that res judicata applies even when new facts come to light regarding a previously-litigated claim . . . Continue reading Res Judicata Applies Even When New Facts Come to Light
On November 13, 2025, the First Department issued a decision in 417 N. Comanche St., LLC v. EMRES II Tex., LLC, 2025 NY Slip Op. 06245, holding that dismissal in favor o a prior pending action was proper despite differing damages theories . . . Continue reading Dismissal in Favor of Prior Pending Action Proper Despite Different Damages Being Sought
On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in La Playastar Uno LLC v. Coco Hotel 1 LLC, 2025 NY Slip Op. 34114(U), denying a motion to seal because of a lack of factual justification . . . Continue reading Motion to Seal Denied for Lack of Factual Justification
On November 5, 2025, the Second Department issued a decision in Antebi v. Guindi, 2025 NY Slip Op. 06044, holding that a plaintiff waived his right to contractual interest . . . Continue reading Plaintiff Waived Contractual Right to Interest
