Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 8, 2025, the Second Department issued a decision in Quicksilver Capital, LLC v. Dixon Fin. Servs., LLC, 2025 NY Slip Op. 05545, holding that a defendant’s denial of receipt of service was insufficiently specific to justify holding a traverse hearing . . . Continue reading Defendant’s Denial of Receipt of Service Was Insufficiently Specific to Justify Traverse Hearing
On October 1, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Ader v. Ader, 2025 NY Slip Op. 51563(U), sanctioning a lawyer for poorly-checked use of AI in generating papers . . . Continue reading Lawyer Sanctioned for Poorly-Checked Use of AI in Generating Papers
On October 7, 2025, the First Department issued a decision in Rosenblum v. Treitler, 2025 NY Slip Op. 05481, holding that a discount for lack of marketability as properly applied in valuing minority ownership of a business . . . Continue reading Discount for Lack of Marketability Properly Applied to Valuing Minority Ownership of Business
On October 7, 2025, the First Department issued a decision in Fine Creative Media, Inc. v. Barnes & Noble, Inc., 2025 NY Slip Op. 05458, holding that there is no joint venture absent an agreement to share profits and losses . . . Continue reading No Joint Venture Where There is no Agreement to Share Profits and Losses
On October 7, 2025, the First Department issued a decision in Matter of Cuomo v. JAMS, Inc., 2025 NY Slip Op. 05454, holding that an arbitrator’s prior representation of a party, without evidence of bias, was insufficient to justify vacating an award . . . Continue reading Arbitrator’s Prior Representation of a Party Insufficient, Without Evidence of Bias, to Justify Vacating Award
On October 7, 2025, the First Department issued a decision in Ali Baba Hotel Corp. v. Prose, 2025 NY Slip Op. 05451, interpreting the term “affiliate” to extend the benefit of a contract to a non-signatory . . . Continue reading Court Interprets Term “Affiliate” to Extend the Benefits of a Contract to a Non-Signatory
On September 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Fendt v. AFF-PSA Bronx-9D, Inc., 2025 NY Slip Op. 33587(U), enforcing a stipulation to arbitrate . . . Continue reading Court Enforces Stipulation to Arbitrate
On September 22, 2025, Justice Masley of the New York County Commercial Division issued a decision in CORE 5th Ave. LLC v. 711 Fifth Ave. Principal Owner LLC, 2025 NY Slip Op. 33557(U), refusing to enforce a lease provision that had the effect of barring a tenant from seeking a Yellowstone injunction . . . Continue reading Court Refuses to Enforce Lease Provision That Has Effect of Barring Tenant From Seeking a Yellowstone Injunction
On October 1, 2025, the Second Department issued a decision in Citimortgage, Inc. v. Rooney, 2025 NY Slip Op. 05214, holding that the failure to authenticate business records barred recovery in a foreclosure action . . . Continue reading Failure to Authenticate Business Records Leads to Failure to Recover in Foreclosure Action
On October 2, 2025, the First Department issued a decision in Halgene Watch Ltd. v. Alex Capital Fund, LLC, 2025 NY Slip Op. 05301, holding that summary judgment in lieu of complaint must be denied because of question of fact regarding the amount owed . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Amount Owed
