Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On September 16, 2025, Justice Cohen of the New York County Commercial Division issued a decision in AI Intl. Holdings (BVI) Ltd. v. TWC Borrower 2016, LLC, 2025 NY Slip Op. 33499(U), holding that a signed stipulation of discontinuance ended the claims against a defendant, preventing him from asserting third-party claims, even though the stipulation had not been submitted to the court . . . Continue reading Signed Stipulation of Discontinuance Effective Even Though not Submitted to Court
On September 19, 2025, Justice Schecter of the New York County Commercial Division issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2025 NY Slip Op. 33523(U), rejecting defenses to the enforcement of an unconditional guarantee . . . Continue reading Court Rejects Defenses to an Unconditional Guarantee
On September 26, 2025, Justice Reed of the New York County Commercial Division issued a decision in Concordance Healthcare Solutions LLC v. Kori Capital Inc., 2025 NY Slip Op. 51529(U), allowing counsel to withdraw from a representation based on a breakdown of its relationship with the client . . . Continue reading Counsel Allowed to Withdraw Based on Breakdown of Relationship With Client
On September 30, 2025, the First Department issued a decision in Henick-Lane, LLC v. Stellar Mgt. Group, Inc., 2025 NY Slip Op. 05190, holding that a breach of contract claim failed for lack of proof of any of the exceptions to the enforcement of a no damages for delay clause . . . Continue reading Claim Dismissed For Failure to Prove Exceptions to Enforcement of No Damages For Delay Clause
On September 24, 2025, the Second Department issued a decision in Blank v Acker, 2025 NY Slip Op. 05059, holding that the Statute of Frauds bars claims based on an alleged oral agreement to sell real property . . . Continue reading Statute of Frauds Bars Claim Under Alleged Oral Agreement to Sell Real Property
On September 24, 2025, the Second Department issued a decision in Wymara, Ltd. v. Gansevoort Hotel Group, LLC, 2025 NY Slip Op. 05124, holding that the covenant of good faith and fair dealing could not be used to imply a contract term that parties had agreed to omit from their agreement . . . Continue reading Covenant of Good Faith and Fair Dealing Cannot Be Used to Imply Contract Term the Parties Agreed to Omit
