Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 22, 2025, Justice Patel of the New York County Commercial Division issued a decision in Steffanci v. DFG Trademark Holdings LLC, 2025 NY Slip Op. 34072(U), declining to dismiss an action in favor of an earlier-filed action in another state . . . Continue reading Action Dismissed in Favor of Earlier-Filed Action in Another State
On October 16, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Crystal v. American Tr. Ins. Co., 2025 NY Slip Op. 34045(U), holding that a deposition transcript unsupported by a factual affidavit was sufficient support for a motion for summary judgment . . . Continue reading Motion for Summary Judgment Adequately Supported by Deposition Transcript Without Supporting Affidavit
On October 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in CPIF Bloomington, LLC v. Prager, 2025 NY Slip Op. 34027(U), declining to dismiss an action in favor of a prior pending action because of an insufficient overlap of issues . . . Continue reading No Dismissal in Favor of Prior Pending Action Because of Insufficient Overlap of Issues
On October 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Vaporvm Holding Corp. v. Fayazi, 2025 NY Slip Op. 34028(U), holding that a party was bound by an agreement he signed, despite claims that it was not the agreement he intended to sign . . . Continue reading Party Bound By Agreement He Signed, Despite Claims That it Was Not the Agreement He Intended to Sign
On October 15, 2025, Justice Patel of the New York County Commercial Division issued a decision in Jfurti, LLC v. Mintz, Levin, Cohn, Ferris, Glovky & Popeo, P.C., 2025 NY Slip Op. 33977(U), dismissing a Judiciary Law Section 487 claim because it was brought against the client, not its counsel . . . Continue reading Judiciary Law Section 487 Claim Must Be Brought Against Counsel, Not Client
On October 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Guang Huang v. Jingjing Zhou, 2025 NY Slip Op. 51696(U), holding that under the internal affairs doctrine, an accounting under New York law was unavailable in an action relating to a Caymans entity . . . Continue reading Under Internal Affairs Doctrine, Accounting Under New York Law Not Available for Caymans Entity
On October 10, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG JPM Term Funding LLC v. Chetrit, 2025 NY Slip Op. 33991(U), denying summary judgment in lieu of complaint on two guaranties because the amount owed was not clear on the face of the guaranties . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because Amounts Owed Not Clear on Face of Guaranties
On October 29, 2025, the Second Department issued a decision in Guambana v. Molina, 2025 NY Slip Op. 05942, affirming the imposition of a constructive trust based on the abuse of a confidential or fiduciary relationship . . . Continue reading Constructive Trust Imposed Based on Abuse of Confidential or Fiduciary Relationship
On October 30, 2025, the First Department issued a decision in Diamond Films Netherlands Cooperatief U.A. v. TV Azteca S.A.B. De C.V., 2025 NY Slip Op. 06017, holding that service of process was valid if made as required by contract, even if the defendant did not receive the documents . . . Continue reading Service of Process Valid if Made as Required by Contract, Even if Defendant Did Not Receive Documents
On October 30, 2025, the First Department issued a decision in AT&T Mobility Holdings B.V. v. Grupo Salinas Telecom, S.A., 2025 NY Slip Op. 06016, holding that a receiver was entitled to access to the privileged communications of counsel of the entity it controls . . . Continue reading Receiver Granted Access to Privileged Communications of Entities it Controls
