Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 17, 2025, the Second Department issued a decision in Normandy Capital Trust v. 223 15th St, LLC, 2025 NY Slip Op. 07011, holding that an LLC member lacked standing to challenge a foreclosure on the LLC’s property . . . Continue reading LLC Member Lacked Standing to Challenge Foreclosure on LLC’s Real Property
On December 18, 2025, the First Department issued a decision in Irizarry v. Zelaya, 2025 NY Slip Op. 07096, applying the malicious litigation exception to the fair report privilege . . . Continue reading Court Applies Malicious Litigation Exception to Defamation Fair Report Privilege
On November 29, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Silver Point Fin., LLC v. Venetos, 2025 NY Slip Op. 34571(U), holding that the existence of loan collateral does not preclude collection of a defaulted loan against the guarantor . . . Continue reading Existence of Loan Collateral Does Not Preclude Collection Against Guarantor
On November 24, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Greason v. Nahmad, 2025 NY Slip Op. 34558(U), holding that a 75-year old handwritten memorandum was admissible under the ancient documents exception . . . Continue reading 75-Year Old Memo Admitted Under Ancient Documents Exception
On November 24, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Bapaz NYC W. 46 St Group LLC v ASSA Props. Inc., 2025 NY Slip Op. 34497(U), holding that disqualification under the attorney-witness rule was not required when neither party intended to call the attorney as a witness . . . Continue reading Disqualification Under Attorney-Witness Rule Not Required When Neither Party Intends to Call the Attorney as a Witness
On December 8, 2025, Justice Patel of the New York County Commercial Division issued a decision in Ark Rests. Corp. v. Bryant Park Corp., 2025 NY Slip Op. 51921(U), holding that use and occupancy and unjust enrichment claims were duplicative . . . Continue reading Use and Occupancy and Unjust Enrichment Claims Duplicative
On December 10, 2025, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Amoah, 2025 NY Slip Op. 06844, holding that documents created by a prior servicer were the business records of the successor servicer because the successor incorporated them into its records and relied upon them in the ordinary course of business . . . Continue reading Documents Created by Prior Servicer Business Records of Successor Servicer Because Successor Incorporated Them Into its Records and Relied Upon Them
On December 10, 2025, the Second Department issued a decision in Fox v. Nocella, 2025 NY Slip Op. 06848, holding that a decision on a preliminary injunction motion was not law of the case . . . Continue reading Preliminary Injunction Decision Not Law of the Case
On December 10, 2025, the Second Department issued a decision in LNV Corp. v. King, 2025 NY Slip Op. 06851, holding that a motion for intervention was properly denied because of unreasonable delay in seeking it . . . Continue reading Intervention Denied Because of Delay in Moving for it
On December 9, 2025, the First Department issued a decision in AmTrust N. Am., Inc. v. Insurance Specialty Group LLC, 2025 NY Slip Op. 06801, holding that equitable estoppel extended the limitations period for claims based on a breach of fiduciary duty except for claims based on a failure to disclose . . . Continue reading Equitable Estoppel Extends Limitations Period for Claim Based on Fiduciary Duty Except for Claims Based on Failure to Disclose
