Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On August 27, 2025, the Second Department issued a decision in Trepeta v. Mobiquity Tech., Inc., 2025 NY Slip Op. 04806, holding that a fraudulent inducement claim failed for lack of due diligence by the plaintiff . . . Continue reading Fraudulent Inducement Claim Fails for Lack of Due Diligence
On July 25, 2025, Justice Masley of the New York County Commercial Division issued a decision in BLDG 44 Developers LLC v. Pace Companies N.Y., LLC, 2025 NY Slip Op. 32881(U), holding that a plaintiff was not entitled to consequential damages of lost rent and revenue for breach of a construction contract . . . Continue reading Plaintiff Not Entitled to Lost Rent and Revenue for Breach of Construction Contract
On July 29, 2025, Justice Patel of the New York County Commercial Division issued a decision in Hilldun Corp. v. Styleline Studios, LLC, 2025 NY Slip Op. 32884(U), vacating a note of issue because discovery was not complete . . . Continue reading Court Vacates Note of Issue Because of Incomplete Discovery
On July 25, 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. 32885(U), dismissing a fraud claim because, among other reasons, of group pleading of scienter . . . Continue reading Fraud Claim Dismissed Because of Improper Group Pleading of Scienter
On August 6, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in York Re Capital Partners, LLC v. Benussi, 2025 NY Slip Op. 51282(U), holding that service on a person in a coma was ineffective . . . Continue reading Service on Person in a Coma Ineffective
On August 20, 2025, the Second Department issued a decision in Greenpoint Mtge. Funding, Inc. v. Recinos, 2025 NY Slip Op. 04707, dismissing an action for failure timely to seek a default judgment . . . Continue reading Court Dismisses Action for Failure to Seek Default Judgment for Over a Year
On August 14, 2025, Justice Reed of the New York County Commercial Division issued a decision in Wilmington Trust, N.A. v. 9th Ave Hotel Prop. Holding LLC, 2025 NY Slip Op. 51276(U), denying a motion to substitute in as a party because the movant failed to prove its standing . . . Continue reading In Order to Substitute in as a Party, the Movant Must Prove its Standing
On August 8, 2025, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2025 NY Slip Op. 51257(U), denying a discovery motion for failure to comply with the Commercial Division discovery dispute rules . . . Continue reading Discovery Motion Denied for Failure to Comply With Commercial Division Discovery Dispute Rules
On August 13, 2025, the Second Department issued a decision in AccessLex Inst. v. Clunis, 2025 NY Slip Op. 04613, holding that a motion for summary judgment made before the close of discovery is not premature when the non-movant cannot identify additional discovery needed to oppose the motion . . . Continue reading Motion for Summary Judgment Before the Close of Discovery Not Premature When Non-Movant Cannot Identify Additional Discovery Needed to Oppose the Motion
On August 13, 2025, the Second Department issued a decision in Bank of Am., N.A. v. ABC Realty Holdings, Inc., 2025 NY Slip Op. 04616, holding that a referee did not err in deciding not to hold an evidentiary hearing because the defendant had an opportunity to respond to the plaintiff’s arguments in writing . . . Continue reading Referee Did Not Err in Not Holding an Evidentiary Hearing Because Defendant Had An Opportunity to Respond to the Plaintiff’s Arguments in Writing
