Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On June 5, 2025, Justice Chan of the New York County Commercial Division issued a decision in Baric Commons REO, LLC v. Gross, 2025 NY Slip Op. 32087(U), holding that a motion to amend to add a claim is not barred by the fact that the plaintiff was aware of the claim before it initiated the lawsuit . . . Continue reading That Plaintiff Was Aware of Potential Claim Before Bringing Suit No Bar to Later Moving to Amend to Add it
On June 13, 2025, Justice Patel of the New York County Commercial Division issued a decision in APMSF Inv. LLC v. PM Mezz Buyer LLC, 2025 NY Slip Op. 32117(U), enforcing a liquidated damages clause . . . Continue reading Court Enforces Liquidated Damages Provision
On June 18, 2025, the Second Department issued a decision in Bardy v. Bonnem, 2025 NY Slip Op. 03698, holding that the statute of frauds barred a claim based on an oral agreement not capable of performance in one year, but allowing quasi-contract claims to survive . . . Continue reading Statue of Frauds Bars Claim Based on Oral Agreement Not Capable of Performance in One Year, but Quasi-Contract Claims Survive
On June 17, 2025, the First Department issued a decision in Board of Mgrs. of the Alfred Condominium v. Miller, 2025 NY Slip Op. 03647, holding that a waiver argument failed for lack of evidence showing a clear manifestation of an intent to relinquish a known right . . . Continue reading Waiver Argument Fails for Lack of Evidence of Clear Manifestation of Intent to Relinquish a Known Right
On June 17, 2025, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2025 NY Slip Op. 03659, holding that a confidential mediation statement was not subject to discovery on relevance grounds . . . Continue reading Mediation Statement Not Subject to Discovery on Relevance Grounds
On June 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Westchester Community Coll. v. Bekoe, 2025 NY Slip Op. 50937(U), holding that nail and mail service was ineffective when there was insufficient diligence in attempting personal service . . . Continue reading Nail and Mail Service Ineffective When There Was Insufficient Diligence in Attempting Personal Service
