Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 28, 2025, the First Department issued a decision in Astraea NYNY LLC v. Ganley, 2025 NY Slip Op. 05915, holding that a trial court was not required to hold a hearing on a contempt motion when the facts were not in dispute . . . Continue reading Court Not Required to Hold Hearing on Contempt Motion When Facts Not in Dispute
On October 3, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Skyline Bus. Capital LLC v. Tech Ready Mix Inc., 2025 NY Slip Op. 33820(U), holding that an implied covenant claim based on unilaterally and arbitrarily setting repayment terms was adequately alleged . . . Continue reading Implied Covenant Claim Based on Unilaterally and Arbitrarily Setting Repayment Terms Alleged Survives Dismissal
On October 8, 2025, Justice Masley of the New York County Commercial Division issued a decision in Vinci Brands LLC v. Case-Mate, Inc., 2025 NY Slip Op. 33855(U), holding that allegations of protest and economic duress were sufficient to defeat a motion to dismiss based on the voluntary payment doctrine . . . Continue reading Allegations of Protect and Economic Duress Sufficient to Defeat Motion to Dismiss Based on Voluntary Payment
On October 10, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sauka v. Kaplan, 2025 NY Slip Op. 33899(U), denying a motion to amend because, among other reasons, the party failed to submit a copy of the amended pleading showing the proposed changes . . . Continue reading Motion to Amend Denied for Failure to Show Proposed Changes
On October 8, 2025, Justice Bannon of the New York County Commercial Division issued a decision in CMTG Lender 10 LLC v. Chetrit, 2025 NY Slip Op. 33902(U), holding that Continue reading Action for Summary Judgment in Lieu of Complaint Not Barred by Guaranty’s Reference to Different Agreement
On October 23, 2025, the First Department issued a decision in Peck v. Milbank LLP, 2025 NY Slip Op. 05895, dismissing a Judiciary Law Section 487 claim for failure adequately to allege deceptive acts . . . Continue reading Judiciary Law Section 487 Claim Dismissed for Failure Adequately to Allege Deceptive Acts
On October 21, 2025, the First Department issued a decision in Bennigson v. Salvation Army, 2025 NY Slip Op. 05762, holding that laches barred a claim relating to art sold during the Holocaust . . . Continue reading Laches Bars Claim Relating to Art Sold During Holocaust
On October 21, 2025, the First Department issued a decision in Arencibia v. SilverLining, Inc., 2025 NY Slip Op. 05761, holding that a three-year covenant not to compete that was not limited to the employer’s customers was overbroad and thus unenforceable . . . Continue reading Three-Year Covenant Not To Compete Not Limited to Employer’s Customers Unenforceable
On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hopkins Hawley LLC v. Yarrow Two LLC, 2025 NY Slip Op. 33745(U), holding that a an LLC lacked standing to sue when it had failed to publish its articles of organization and file the proof of publication , , , Continue reading LLC Lacks Standing to Sue if it Has Not Published Articles of Organization and Filed Proof of the Publication
On October 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Credit Suisse Intl. v. Broadcom Inc., 2025 NY Slip Op. 33772(U), holding that Continue reading Court Finds Indemnification Provision Provides for Only One-Way Fee Shifting
