Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in EMC Presents Delphi LLC v. Delphi Studios LLC, 2025 NY Slip Op. 33050(U), holding that a non-signatory was bound by an agreement’s forum selection clause . . . Continue reading Non-Signatory Bound by Agreement’s Forum Selection Clause
On July 17, 2025, Justice Cohen of the New York County Commercial Division issued a decision in JG Group Holdings LLC v. Kahlon, 2025 NY Slip Op. 33022(U), refusing to vacate a default judgment because of the movant’s failure adequately to show that it had potentially meritorious claims . . . Continue reading Default Not Vacated Because of Failure Adequately to Show Meritorious Claims
On July 18, 2025, Justice Bannon of the New York County Commercial Division issued a decision in Robinson v. Pearl Delta Funding LLC, 2025 NY Slip Op. 33023(U), dismissing an action in favor of a prior pending action even though the claims in the two actions were not identical . . . Continue reading Dismissal in Favor of Prior Pending Action Granted Despite Lack of Complete Identity of Claims
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 32996(U), holding that when counsel for a party did not respond to an e-mail memorializing a stipulation, there was no binding stipulation, even though the parties might have reached an oral agreement . . . Continue reading Even if There is an Oral Agreement, When Counsel Did Not Respond to E-mail Memorializing a Stipulation, Stipulation is Not Binding
On July 24, 2025, Justice Chan of the New York County Commercial Division issued a decision in SensorTower, Inc. v. Similarweb Ltd., 2025 NY Slip Op. 32998(U), holding that a specific disclaimer barred a counterclaim for fraudulent inducement . . . Continue reading Specific Disclaimer Barred Fraudulent Inducement Counterclaim
On August 7, 2025, Justice Crane of the New York County Commercial Division issued an order in Deutsche Bank AG, N.Y. Branch v. Rosenfeld, 2025 NY Slip Op. 33005(U), holding that, performance guaranties did not bar the enforcement of payment guaranties by summary judgment in lieu of complaint . . . Continue reading Performance Guaranties Did Not Bar Enforcement of Payment Guaranties by Summary Judgment in Lieu of Complaint
On September 9, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Arel Funding I LP v Feldman, 2025 NY Slip Op. 33392(U), dismissing a fraudulent conveyance claim based on the foreclosure on collateral . . . Continue reading Fraudulent Conveyance Claim Relating to Foreclosure on Collateral Fails
On July 28, 2025, Justice Chan of the New York County Commercial Division issued a decision in RSM US LLP v. Notes, 2025 NY Slip Op. 32971(U), rejecting a JHO’s award of sanctions because of the movant’s failure to meet and confer as required by the Commercial Division rules . . . Continue reading Sanctions Award Rejected for Failure to Meet and Confer as Required by Commercial Division Rules
On July 21, 2025, Justice Chan of the New York County Commercial Division issued a decision in Quinn Emanuel Urquhart & Sullivan, LLP v. Desktop Metal, Inc., 2025 NY Slip Op. 32953(U), granting an injunction is support of an arbitration, holding, regarding the justification for the attachment, that any arbitration award might be rendered ineffectual without the attachment . . . Continue reading Court Grants Attachment in Support of Arbitration
On August 27, 2025, the Second Department issued a decision in Long Chen v. Clean Air Car Serv. & Parking Corp., 2025 NY Slip Op. 04777, holding that a plaintiff’s loss at summary judgment was an insufficient basis, without more, to impose sanctions under 22 NYCRR 130-1.1 . . . Continue reading Loss at Summary Judgment Insufficient Basis for Imposing Sanctions
