Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 30, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Murphy v. PHG Funding LLC, 2025 NY Slip Op. 33671(U), dismissing a fraud claim for lack of allegation of reliance . . . Continue reading Fraud Claim Fails for Lack of Reliance
On October 8, 2025, the Second Department issued a decision in Babad v. Oratz, 2025 NY Slip Op. 05490, holding that collateral estoppel does not bar a claim based on facts discovered after judgment in the earlier case . . . Continue reading Collateral Estoppel Does Not Bar Claim Based on Facts Discovered After Judgment in Earlier Case
On October 8, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Gendelman, 2025 NY Slip Op. 05501, holding that a referee’s delay in issuing a report does not require its rejection . . . Continue reading Referee’s Delay in Issuing Report Does Not Require its Rejection
On October 8, 2025, the Second Department issued a decision in Jobble, Inc. v. CF Alerts Corp, 2025 NY Slip Op. 05506, holding that veil piercing claims failed because of insufficient allegations of domination or bad acts . . . Continue reading Veil Piercing Claims Fail for Insufficient Allegations of Domination and Bad Acts
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
