Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 10, 2025, the Second Department issued a decision in EMC Mtge. Corp. v. Anderson, 2025 NY Slip Op. 04877, holding that a defendant in default cannot assert an affirmative defense . . . Continue reading Defendant in Default Cannot Assert Affirmative Defense
On August 15, 2025, Justice Bannon of the New York County Commercial Division issued a decision in 435 Cent. Condo Dev. Holdings LLC v. Midtown Oaks JV Holdings LLC, 2025 NY Slip Op. 33103(U), denying a motion to discontinue without prejudice for failure to justify the lack of prejudice . . . Continue reading Motion to Discontinue Without Prejudice Denied for Failure to Justify Lack of Prejudice
On August 13, 2025, Justice Patel of the New York County Commercial Division issued a decision in Sotheby’s Intl. Realty, Inc. v. Waterbury, 2025 NY Slip Op. 33109(U), dismissing a Continue reading Fraud Counterclaim Dismissed for Failure Adequately to Allege Reasonable Reliance
On August 12, 2025, Justice Masley of the New York County Commercial Division issued an opinion in Glencore Ltd. v. Kamca Trading S.A., 2025 NY Slip Op. 33097(U), imposing a $1,000-per-day fine in order to coerce a party to purge its contempt . . . Continue reading Court Imposes $1,000-per-day Fine to Coerce Party to Purge Contempt
On July 23, 2025, Justice Chan of the New York County Commercial Division issued a decision in Water Energy Servs. LLC v. SK Capital Partners LP, 2025 NY Slip Op. 33073(U), dismissing a claim for breach of an oral contract for failure adequately to allege the formation of a contract . . . Continue reading Contract Claim Dismissed for Failure Adequately to Allege the Formation of a Contract
On July 31, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Cyberbit, Inc. v. Cloud Range Cyber, LLC, 2025 NY Slip Op. 33078(U), holding that a person who was not a party to an agreement was nonetheless bound by its forum selection clause because of his close relationship to the transaction . . . Continue reading Parties That Did Not Sign Agreement Bound by Forum Selection Clause Because of Close Relationship to Transaction
On August 12, 2025, Justice Masley of the New York County Commercial Division issued a decision in Pattern Energy Group LP v. Perillo, 2025 NY Slip Op. 33084(U), refusing to seal filings because their contents were harmful to a party’s reputation . . . Continue reading Court Refuses to Seal Arbitration Filings for Being Harmful to a Party’s Reputation
On July 17, 2025, Justice Schecter of the New York County Commercial Division issued a decision in Talking Capital Windup LLC v. Omanoff, 2025 NY Slip Op. 33072(U), holding that the fact that a court order eventually was reversed is not grounds for vacating contempt orders for disobeying that order . . . Continue reading That Court Order Eventually Was Reversed is Not Grounds for Vacating Contempt Orders For Disobeying that Order
On July 29, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Ader v. Ader, 2025 NY Slip Op. 33045(U), holding that a defendant’s lack of funds was an insufficient basis for a duress affirmative defense to a breach of contract claim . . . Continue reading Defendant’s Lack of Funds Insufficient Basis for Duress Defense
On August 6, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Marcello v. MK Cuisine Global LLC, 2025 NY Slip Op. 33048(U), holding that a denial of receipt of service, without more, is insufficient to overcome the presumption of proper service created by an affidavit of service . . . Continue reading Denial of Receipt, Without More, Insufficient to Overcome Presumption of Proper Service Created by Affidavit of Service
