Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in SensorTower, Inc. v. Similarweb Ltd., 2025 NY Slip Op. 32998(U), holding that a specific disclaimer barred a counterclaim for fraudulent inducement . . . Continue reading Specific Disclaimer Barred Fraudulent Inducement Counterclaim
On August 7, 2025, Justice Crane of the New York County Commercial Division issued an order in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 33005(U), holding that, performance guaranties did not bar the enforcement of payment guaranties by summary judgment in lieu of complaint . . . Continue reading Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint
On September 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Arel Funding I LP v Feldman, 2025 NY Slip Op. 33392(U), dismissing a fraudulent conveyance claim based on the foreclosure on collateral . . . Continue reading Fraudulent Conveyance Claim Relating to Foreclosure on Collateral Fails
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration
On August 27, 2025, the Second Department issued a decision in Long Chen v. Clean Air Car Serv. & Parking Corp., 2025 NY Slip Op. 04777, holding that a plaintiff’s loss at summary judgment was an insufficient basis, without more, to impose sanctions under 22 NYCRR 130-1.1 . . . Continue reading Loss at Summary Judgment Insufficient Basis for Imposing Sanctions
On August 27, 2025, the Second Department issued a decision in Trepeta v. Mobiquity Tech., Inc., 2025 NY Slip Op. 04806, holding that a fraudulent inducement claim failed for lack of due diligence by the plaintiff . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a note of issue because discovery was not complete . . . Continue reading Court Vacates Note of Issue Because of Incomplete Discovery
On July 25, 2025, Justice Patel of the New York County Commercial Division issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 32885(U), dismissing a fraud claim because, among other reasons, of group pleading of scienter . . . Continue reading Fraud Claim Dismissed Because of Improper Group Pleading of Scienter
