Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 15, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in Sky Delray, LLC v. Kirzner, 2025 NY Slip Op. 51453(U), denying summary judgment on a promissory note for failure to authenticate the note . . . Continue reading Summary Judgment Denied for Failure to Authenticate Promissory Note
On September 9, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Digital Media Sys., Inc. v. Center Stage Cinema LLC, 2025 NY Slip Op. 51460(U), holding that the question of the reasonable scope of a restrictive covenant was an issue to be resolved at trial . . . Continue reading Question of Reasonable Scope of Restrictive Covenant Question for Trial
On September 5, 2025, Justice Crane of the New York County Commercial Division issued a decision in Travers v. Lubin, 2025 NY Slip Op. 33341(U), holding that a defendant’s general claims of medical problems were insufficient to justify vacating a default judgment . . . Continue reading Defendant’s General Claims of Medical Problems Insufficient to Justify Vacating Default Judgment
On September 5, 2025, Justice Borrok of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Mo, 2025 NY Slip Op. 33342(U), striking the defendants’ answers as a sanction for discovery misconduct . . . Continue reading Answers Struck as Sanction for Discovery Misconduct
On September 17, 2025, the Second Department issued a decision in Bank of N.Y. Mellon v. Simpson, 2025 NY Slip Op. 04970, ordering a traverse hearing because of questions regarding the adequacy of the nail and mail service . . . Continue reading Court Orders Hearing Regarding the Adequacy of Nail and Mail Service
On September 17, 2025, the Second Department issued a decision in PennyMac Corp. v. Dean-Phillips, 2025 NY Slip Op. 05002, holding that general claims of attorney unavailability were an insufficient justification to vacate a default judgment . . . Continue reading General Claims of Attorney Unavailability Insufficient Justification to Vacate Default
On September 2, 2025, Justice Patel of the New York County Commercial Division issued a decision in Corten Real Estate 1213 Walnut GP, LLC v. Goldenberg, 2025 NY Slip Op. 33275(U), holding that questions of fact regarding whether the guarantor had satisfied its payment obligations under a guarantee precluded summary judgment in lieu of complaint . . . Continue reading Summary Judgment in Lieu of Complaint Denied Because of Questions of Fact Regarding Whether the Guarantor Had Satisfied Its Payment Obligations
On August 20, 2025, Justice Masley of the New York County Commercial Division issued a decision in Bldg 44 Devs. LLC v. Pace Cos. N.Y., LLC, 2025 NY Slip Op. 33126(U), declining to grant a default judgment based on the failure to appear by counsel due to the plaintiff’s failure submit facts establishing its claim . . . Continue reading Default Judgment Based on Failure to Appear by Counsel Denied for Failure to Submit Facts Establishing its Claim
On September 2, 2025, Justice Reed of the New York County Commercial Division issued a decision in CoPilot Travel, Inc. v. Magstar Capital, LLC, 2025 NY Slip Op. 51388(U), holding that an exchange of e-mails agreeing to settle did not create a binding settlement agreement because the parties did not agree on all the material terms of the agreement . . . Continue reading Exchange of E-Mails Agreeing to Settle Did Not Create Binding Agreement Because of Failure to Agree to Material Terms
On August 27, 2025, Justice Masley of the New York County Commercial Division issued a decision in Benuvia Holdings, LLC v Next Frontier Holdings, Inc., 2025 NY Slip Op. 33220(U), denying default judgment on claims where the plaintiff alleged facts only upon information and belief . . . Continue reading Default Judgment Denied on Claims Where the Plaintiff Only Alleged Facts Upon Information and Belief
