Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On September 22, 2026, the First Department issued a decision in Aurelius Capital Master Ltd. v. Hertz Intl. Ltd., 2026 NY Slip Op. 05369, holding that an agreement’s indemnification provision failed to meet Hooper’s high hurdle for inter-party indemnification . . . Continue reading Agreement’s Indemnification Provision Fails to Meet Hooper’s High Hurdle for Inter-Party Indemnification
On September 16, 2026, the Second Department issued a decision in Marchand v. NPL Consulting Servs., Inc., 2026 NY Slip Op. 05302, holding that a fraud claim failed for lack of due diligence/reasonable reliance . . . Continue reading Fraud Claim Fails for Lack of Due Diligence/Reasonable Reliance
On September 16, 2026, the Second Department issued a decision in U.S. Bank Trust, N.A. v. Dweck, 2026 NY Slip Op. 05342, holding that a foreclosure plaintiff had failed to establish standing because of questions regarding the allonge . . . Continue reading Foreclosure Plaintiff Fails to Establish Standing Because of Questions Regarding Allonge
On September 16, 2026, the Second Department issued a decision in Wilmington Sav. Fund Socy., FSB v. Hilario, 2026 NY Slip Op. 05351, holding that the plaintiff in a foreclosure action had failed to establish its standing . . . Continue reading Plaintiff in Foreclosure Action Fails to Establish its Standing
On September 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Python Fin. Solutions, Inc. v. SDCK I LLC, 2026 NY Slip Op. 51450(U), holding that a party that fails timely to move to vacate a Note of Issue faces a high burden in vacating it . . . Continue reading Party That Fails to Timely Move to Vacate a Note of Issue Faces a High Burden to Vacate It
On August 26, 2026, the Second Department issued a decision in Benjamin v. Yeroushalmi, 2026 NY Slip Op. 05071, holding that a prevailing party was entitled to fees on a contempt motion . . . Continue reading Prevailing Party Entitled to Fees on Contempt Motion
On September 3, 2026, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2026 NY Slip Op. 05231, holding that a court erred in reinstating claims rejected by a jury . . . Continue reading Court Erred in Reinstating Claims Rejected by Jury
On September 3, 2026, the First Department issued a decision in Jefferies LLC v. Mountain State Energy Holdings LLC, 2026 NY Slip Op. 05232, enforcing an agreement limiting a party’s liability . . . Continue reading Court Enforces Agreement Provision Limiting Liability
On August 20, 2026, Justice Reed of the New York County Commercial Division issued a decision in A & L 444 LLC v. Ankura Trust Co., LLC, 2026 NY Slip Op 51347(U), declining to grant a stay in connection with the withdrawal of counsel . . . Continue reading Court Declines to Grant a Stay in Connection With the Withdrawal of Counsel
On September 2, 2026, the Second Department issued a decision in Breslin Brookhaven, LLC v. Rose, 2026 NY Slip Op. 05156, holding that the assignee of a contract may compel an arbitration under the contract’s arbitration clause . . . Continue reading Assignee of Contract May Compel an Arbitration Under the Contract’s Arbitration Clause
