Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 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 31402(U), holding that the anticipatory repudiation doctrine only applies in in limited circumstances . . . Continue reading Anticipatory Repudiation Doctrine Only Applies in Limited Circumstances
On April 21, 2025, Justice Jamieson of the Westchester County Commercial Division issued a decision in Sleepyheadsyo, LLC v. Ilias Inc., 2025 NY Slip Op. 50600(U), holding that a plaintiff may alleged contract and quasi-contract claims in the alternative . . . Continue reading Plaintiff May Allege Contract and Quasi-Contract Claims in the Alternative
On April 25, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Landau v. DGital Media, LLC, 2025 NY Slip Op. 31476(U), holding that defamation claims were barred by the litigation privilege . . . Continue reading Defamation Claims Barred by Litigation Privilege
On April 25, 2025, Justice Chan of the New York County Commercial Division issued a decision in Colle Capital Partners I, L.P. v. Automaton, Inc., 2025 NY Slip Op. 31479(U), denying a preliminary injunction because of an imbalance in the equities . . . Continue reading Injunction Denied Because of Imbalance of Equities
On April 28, 2025, Justice Chimes of the Erie County Commercial Division issued a decision in Kalamata Capital Group, LLC v. Colorado Trailers, Inc., 2025 NY Slip Op. 31502(U), holding that an unconscionability defense failed for lack of allegations of unequal bargaining power . . . Continue reading Unconscionability Defense Fails for Lack of Allegations of Unequal Bargaining Power
On April 28, 2025, Justice Cohen of the New York County Commercial Division issued a decision in PFNGT LLC v. Liquid Capital LLC, 2025 NY Slip Op. 31518(U), holding that ancillary clauses do not make a guaranty not an ‘instrument for the payment of money only . . . Continue reading Ancillary Clauses Do Not Make a Guaranty Not an Instrument for the Payment of Money Only
On April 29, 2025, Justice Reed of the New York County Commercial Division issued a decision in Halden v. Parker, 2025 NY Slip Op. 31544(U), granting a motion to relieve counsel based on a client’s failure to communicate with counsel even though the client communicated with the opposing party . . . Continue reading Court Relieves Counsel Based on Client’s Failure to Communicate Despite Evidence That Client Communicated with Opposing Party
On April 25, 2025, the Fourth Department issued a decision in McGuire v. The McGuire Group, Inc., 2025 NY Slip Op. 02468, holding that a party that has not been represented by a law firm lacks standing to move to dismiss the firm as conflicted . . . Continue reading Party That Has Never Been Represented by a Law Firm Lacks Standing to Move to Dismiss the Firm as Conflicted
On April 30, 2025, the Second Department issued a decision in Happy 8 Realty Corp. v. Great World Realty, LLC, 2025 NY Slip Op. 02575, holding that a defendant should not have been granted summary judgment before discovery was complete . . . Continue reading Defendant Should Not Have Been Granted Summary Judgment Before Discovery Complete
On April 30, 2025, the Second Department issued a decision in Kearny Bank v. Beaux Equities, LLC, 2025 NY Slip Op. 02580, holding that a good faith mortgagor for value prevailed against an earlier purchaser that did not record its interest in a property . . . Continue reading Good Faith Mortgagor for Value Prevails Against Purchaser That Did Not Record its Interest
