Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 6, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in York Re Capital Partners, LLC v. Benussi, 2025 NY Slip Op. 51282(U), holding that service on a person in a coma was ineffective . . . Continue reading Service on Person in a Coma Ineffective
On August 20, 2025, the Second Department issued a decision in Greenpoint Mtge. Funding, Inc. v. Recinos, 2025 NY Slip Op. 04707, dismissing an action for failure timely to seek a default judgment . . . Continue reading Court Dismisses Action for Failure to Seek Default Judgment for Over a Year
On August 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 9th Ave Hotel Prop. Holding LLC, 2025 NY Slip Op. 51276(U), denying a motion to substitute in as a party because the movant failed to prove its standing . . . Continue reading In Order to Substitute in as a Party, the Movant Must Prove its Standing
On August 8, 2025, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2025 NY Slip Op. 51257(U), denying a discovery motion for failure to comply with the Commercial Division discovery dispute rules . . . Continue reading Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules
On August 13, 2025, the Second Department issued a decision in AccessLex Inst. v. Clunis, 2025 NY Slip Op. 04613, holding that a motion for summary judgment made before the close of discovery is not premature when the non-movant cannot identify additional discovery needed to oppose the motion . . . Continue reading Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion
On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
On August 13, 2025, the Second Department issued a decision in Spa Castle, Inc. v. Choice Agency Corp., 2025 NY Slip Op. 04676, holding that an insurance broker did not have a continuing duty to advise a client on appropriate coverage . . . Continue reading Insurance Broker Did Not Have Continuing Duty to Advise Client on Appropriate Coverage
On August 13, 2025, the Second Department issued a decision in Town of Oyster Bay v. Peter Scalamandre & Sons, Inc., 2025 NY Slip Op. 04679, holding that statutory contribution is unavailable for a contract claim . . . Continue reading Statutory Contribution Unavailable for Contract Claim
On August 6, 2025, the Second Department issued a decision in Benjamin v. Kahen, 2025 NY Slip Op. 04538, holding that an action was barred by an unambiguous release . . . Continue reading Action Barred by Unambiguous Release
On August 6, 2025, the Second Department issued a decision in James B. Nutter & Co. v. Hutson, 2025 NY Slip Op. 04557, holding that a court should not dismiss an action for failure to prosecute if there is a reasonable excuse for the delay . . . Continue reading Court Should Not Dismiss for Failure to Prosecute if There is a Reasonable Excuse for the Delay
