Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On July 7, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Universal Remote Control, Inc. v. ADP Totalsource, Inc., 2025 NY Slip Op. 51080(U), holding Continue reading Breach of Fiduciary Duty Claim Based on Fraud Has Six-Year Limitations Period
On July 3, 2025, Justice Chan of the New York County Commercial Division issued a decision in Wilburger v. Ava Labs, Inc., 2025 NY Slip Op. 51072(U), refusing to dismiss a fraudulent inducement claim even though the alleged inducement was contradicted by the parties’ contract . . . Continue reading Court Declines to Dismiss Fraudulent Inducement Claim Even Though Alleged Inducement Was Contradicted by the Parties’ Contract
On July 1, 2025, the First Department issued a decision in Xinni Zhang v. Chu, 2025 NY Slip Op. 03988, holding that a losing party should have been given an opportunity to challenge that calculation of the fee award against it . . . Continue reading Losing Party Should Have Been Given Chance to Challenge Calculation of Fee Award Against it
On July 1, 2025, the First Department issued a decision in Board of Mgrs. of 252 Condominium v. World-Wide Holdings Corp., 2025 NY Slip Op. 03968, holding that a non-party was entitled to recover its expenses in responding to a subpoena even though it later became a party . . . Continue reading Non-Party Entitled to Recover Expenses in Responding to Subpoena Even Though it Later Became a Party
On June 18, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Society Pass Inc. v. Xperx AI Pte Ltd, 2025 NY Slip Op. 32230(U), authorizing service of foreign defendants who could not be located for service under the Hague Convention to be served by e-mail . . . Continue reading Court Grants Permission to Serve Defendants by E-Mail
On June 27, 2025, the Fourth Department issued a decision in Claude Mayo Constr. Co., Inc. v. Barclay Damon LLP, 2025 NY Slip Op. 03897, holding that a legal malpractice claim was barred by a favorable settlement . . . Continue reading Legal Malpractice Claim Barred by Favorable Settlement
On June 25, 2025, the Second Department issued a decision in Globalized Realty Group, LLC v. Crossroad Realty NY, LLC, 2025 NY Slip Op. 03797, holding that a party that fails to reject a late pleading waives the right to seek a default judgment . . . Continue reading Party That Fails to Reject a Late Pleading Waives Right to Seek a Default Judgment
On June 26, 2025, the First Department issued a decision in TRB Acquisitions LLC v. Yedid, 2025 NY Slip Op. 03872, holding that the absolute litigation privilege does not bar a suit for breach of an NDA in connection with a litigation . . . Continue reading Absolute Litigation Privilege Does Not Bar Suit for Breach of NDA in Connection With a Litigation
On May 16, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Sifi Networks Am. LLC v. Generate Capital, PBC, 2025 NY Slip Op. 31842(U), dismissing a theft of trade secrets claim as duplicative of a claim for breach of a NDA . . . Continue reading Theft of Trade Secrets Claim Dismissed as Duplicative of Claim Relating to Breach of NDA
On June 13, 2025, Justice Whelan of the Suffolk County Commercial Division issued a decision in L.S. v. Gameng, 2025 NY Slip Op. 50968(U), holding that the fact that the parties agreed to seal documents was an insufficient grounds for sealing them . . . Continue reading Party Agreement to Seal Documents Insufficient Grounds for Sealing Them
