Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in McMillan v. Out-Look Safety LLC, 2025 NY Slip Op. 33247(U), denying a motion for default judgment for failure to plead facts establishing the claim . . . Continue reading Default Judgment Denied for Failure to Plead Facts Establishing Claim
On September 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Jefferies LLC v. Blaize Holdings, Inc., 2025 NY Slip Op. 33272(U), holding that an action for summary judgment in lieu of complaint cannot be based on a mere breach of contract . . . Continue reading Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Capitalize Group LLC v. Empire Core Group LLC, 2025 NY Slip Op. 51444(U), holding that a confession of judgment must be vacated through a plenary action, not by motion . . . Continue reading Confession of Judgment Must be Vacated Through Plenary Action, not Motion
On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
On September 15, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sky Delray, LLC v. Kirzner, 2025 NY Slip Op. 51453(U), denying summary judgment on a promissory note for failure to authenticate the note . . . Continue reading Summary Judgment Denied for Failure to Authenticate Promissory Note
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Digital Media Sys., Inc. v. Center Stage Cinema LLC, 2025 NY Slip Op. 51460(U), holding that the question of the reasonable scope of a restrictive covenant was an issue to be resolved at trial . . . Continue reading Question of Reasonable Scope of Restrictive Covenant Question for Trial
On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment . . . Continue reading Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment
On September 5, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Mo, 2025 NY Slip Op. 33342(U), striking the defendants’ answers as a sanction for discovery misconduct . . . Continue reading Answers Struck as Sanction for Discovery Misconduct
On September 17, 2025, the Second Department issued a decision in Bank of N.Y. Mellon v. Simpson, 2025 NY Slip Op. 04970, ordering a traverse hearing because of questions regarding the adequacy of the nail and mail service . . . Continue reading Court Orders Hearing Regarding the Adequacy of Nail and Mail Service
On September 17, 2025, the Second Department issued a decision in PennyMac Corp. v. Dean-Phillips, 2025 NY Slip Op. 05002, holding that general claims of attorney unavailability were an insufficient justification to vacate a default judgment . . . Continue reading General Claims of Attorney Unavailability Insufficient Justification to Vacate Default
