Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On July 8, 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. 32565(U), holding that UCC Article 2’s four-year statute of limitations does not apply to a construction contract . . . Continue reading UCC Article 2 Four-Year Statute of Limitations Does Not Apply to a Construction Contract
On June 30, 2025, Justice Chan of the New York County Commercial Division issued a decision in P.J. Rest. Inc. v. Dauber, 2025 NY Slip Op. 32569(U), dismissing a fraud claim for failure to plead facts with sufficient specificity . . . Continue reading Fraud Claim Fails for Lack of Specificity
On July 9, 2025, Justice Borrok of the New York County Commercial Division issued a decision in AT&T Mobility LLC v. Harman Connected Servs., Inc., 2025 NY Slip Op. 32617(U), denying a motion to disqualify counsel for failure to show either current representation or prior representation in a related matter . . . Continue reading Counsel Disqualification Denied for Failure to Show Current Representation of Prior Representation in a Related Matter
On July 11, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v. Next Frontier Holdings, Inc., 2025 NY Slip Op. 32597(U), holding that a defendant was subject to personal jurisdiction in New York because of his close relationship to a business that signed a note with a New York forum selection clause . . . Continue reading Defendant Subject to Jurisdiction in New York Because of Close Relationship to Company That Signed Note With New York Forum Selection Clause
On July 2, 2025, Justice Platkin of the Albany County Commercial Division issued a decision in Marini v. Marini Realty LP, 2025 NY Slip Op. 51138(U), holding that an assignment of a limited partnership interest did not result in the admission of a new limited partner . . . Continue reading Assignment of LLP Interest Does Not Create New Limited Partner
On July 23, 2025, the Second Department issued a decision in Whelan v. Busiello, 2025 NY Slip Op. 04272, holding the Rule 130 sanctions must be paid to the Lawyers’ Fund for Client Protection, not to the aggrieved party . . . Continue reading Rule 130 Sanctions Must be Paid to Lawyers’ Fund for Client Protection, Not to Aggrieved Party
On July 1, 2025, Justice Chan of the New York County Commercial Division issued a decision in GSP Merrimack LLC v. Javelin Global Commodities (UK) Ltd., 2025 NY Slip Op. 32421(U), dismissing a conversion claim because, among other reasons, it sought the same damages as a breach of contract claim . . . Continue reading Conversion Claim Seeking Same Damages as Contract Claim Dismissed as Duplicative
On July 14, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Chang v. Livlng Space Design, LLC, 2025 NY Slip Op. 32498(U), granting a default judgment against a limited liability company that failed to engage replacement counsel . . . Continue reading LLC Defaulted for Failure to Engage Replacement Counsel
On July 16, 2025, the Second Department issued a decision in Angel v. Strulovich, 2025 NY Slip Op. 04150, holding that the limitations period for a claim for a constructive trust based on conversion is three years . . . Continue reading Limitations Period for Constructive Trust Based on Conversion of Funds is Three Years
On July 16, 2025, the Second Department issued a decision in Queens Syndicate Co. v. Daniarov, 2025 NY Slip Op. 04196, holding that the mere possibility that discovery could disclose favorable evidence is an insufficient basis to oppose a motion for summary judgment . . . Continue reading Mere Possibility That Discovery Could Disclose Favorable Evidence Insufficient Basis to Oppose Summary Judgment
