Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 25, 2025, the First Department issued a decision in Gross v. Kikuchi, 2025 NY Slip Op. 05150, holding that breach of contract claim failed due to the failure adequately to allege consideration . . . Continue reading Contract Claim Fails Due to Failure Adequately to Allege Consideration
On September 8, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Cherokee Funding II, LLC v. Express Funding of Am., LLC, 2025 NY Slip Op. 33368(U), holding that the fact that the parties had agreed to keep certain documents confidential was an insufficient basis for sealing court records . . . Continue reading That Parties Agreed to Keep Documents Confidential Insufficient Basis to Justify Sealing Court Records
On September 8, 2025, Justice Cohen of the New York County Commercial Division issued a decision in James Thomas Realty, LLC v Cheliotes, 2025 NY Slip Op. 33365(U), holding that there is no right to a jury trial in a derivative action . . . Continue reading No Jury Trial in Derivative Action
On August 28, 2025, Justice Bannon of the New York County Commercial Division issued a decision in AREPIII MVTS, LLC v. El-Gamal, 2025 NY Slip Op. 33243(U), holding that the attorney-client privilege was waived by the presence of a vendor . . . Continue reading Privilege Waived by Presence of Vendor
On August 28, 2025, Justice Masley of the New York County Commercial Division issued a decision in McMillan v. Out-Look Safety LLC, 2025 NY Slip Op. 33247(U), denying a motion for default judgment for failure to plead facts establishing the claim . . . Continue reading Default Judgment Denied for Failure to Plead Facts Establishing Claim
On September 3, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Jefferies LLC v. Blaize Holdings, Inc., 2025 NY Slip Op. 33272(U), holding that an action for summary judgment in lieu of complaint cannot be based on a mere breach of contract . . . Continue reading Summary Judgment in Lieu of Complaint Cannot be Based on Breach of Contract
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Capitalize Group LLC v. Empire Core Group LLC, 2025 NY Slip Op. 51444(U), holding that a confession of judgment must be vacated through a plenary action, not by motion . . . Continue reading Confession of Judgment Must be Vacated Through Plenary Action, not Motion
On September 4, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Board of Mgrs. of the 443 Greenwich St. Condominium v. SGN 443 Greenwich St. Owner LLC, 2025 NY Slip Op. 33303(U), refusing to delay summary judgment because the defendant could not identify additional discovery needed . . . Continue reading Court Refuses to Delay Summary Judgment; Defendant Could Not Identify Additional Discovery Needed
On September 15, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sky Delray, LLC v. Kirzner, 2025 NY Slip Op. 51453(U), denying summary judgment on a promissory note for failure to authenticate the note . . . Continue reading Summary Judgment Denied for Failure to Authenticate Promissory Note
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Digital Media Sys., Inc. v. Center Stage Cinema LLC, 2025 NY Slip Op. 51460(U), holding that the question of the reasonable scope of a restrictive covenant was an issue to be resolved at trial . . . Continue reading Question of Reasonable Scope of Restrictive Covenant Question for Trial
