Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On March 12, 2026, the First Department issued a decision in DKC Group Holdings, LLC v. Reece, Inc., 2026 NY Slip Op. 01442, holding that a forum selection clause did not create jurisdiction over a claim for aiding and abetting a breach of fiduciary duty . . . Continue reading Forum Selection Clause Did Not Create Jurisdiction Over Aiding and Abetting Breach of Fiduciary Duty Claim
On February 26, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in LA Cachette Du Coin LLC v. 625 Rogers 2018 LLC, 2026 NY Slip Op. 30744(U), holding that a Yellowstone injunction is unavailable if it is sought after the time to cure has elapsed . . . Continue reading Yellowstone Injunction Unavailable if Sought After Time to Cure Has Elapsed
On March 1, 2026, Justice Masley of the New York County Commercial Division issued a decision in Ventura v. Rosenblum, 2026 NY Slip Op. 30747(U), rejecting an attempt at wholesale sealing of court records . . . Continue reading Court Rejects Attempt at Wholesale Sealing of Court Records
On March 2, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Shell NA LNG LLC v. Venture Global Calcasieu Pass, LLC, 2026 NY Slip Op. 30753(U), holding that discovery is available in a proceeding to vacate an arbitral award, although denying the application in this proceeding . . . Continue reading Court Holds That Discovery Permissible in Proceeding to Vacate Arbitral Award, Although Denied on Current Application
On March 10, 2026, the First Department issued a decision in SKYX Group Inc. v. Foundation for a Smoke-Free World, 2026 NY Slip Op. 01330, holding that a plaintiff’s failure to protect its alleged secrets barred a theft of trade secrets claim . . . Continue reading Trade Secrets Claim Failed From Plaintiff’s Failure to Protect The Alleged Trade Secrets
On March 10, 2026, the First Department issued a decision in Gans v. Leech Tishman Fuscaldo & Lampl, LLC, 2026 NY Slip Op. 01305, holding that a legal malpractice claim failed because the alleged negligence did not cause the plaintiff’s loss . . . Continue reading Malpractice Claim Fails Because Alleged Negligence Did Not Cause Plaintiff’s Loss
On February 19, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Pinnacle Bus. Funding LLC v. American Iron & Crane, Inc., 2026 NY Slip Op. 30679(U), holding that questions of fact regarding the legitimacy of an agreement’s reconciliation provisions precluded summary judgment on whether the agreement was a merchant cash advance agreement . . . Continue reading Questions of Fact Regarding Legitimacy of Reconciliation Provisions Preclude Summary Judgment on Whether Agreement is a Merchant Cash Advance
On February 24, 2026, Justice Crane of the New York County Commercial Division issued a decision in A Participations Ltd. v. Velissaris, 2026 NY Slip Op. 30684(U), dismissing fraud claim because of impermissible group pleading . . . Continue reading Fraud Claim Dismissed Because of Impermissible Group Pleading
On February 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in Jabil Inc. v. Mavenir Sys., Inc., 2026 NY Slip Op. 30686(U), holding that the fact that the parties had agreed to treat documents as confidential was, without more, an insufficient basis to seal court records . . . Continue reading That Parties Have Agreed to Treat Documents as Confidential is, Without More, Insufficient Basis to Seal Records
On March 4, 2026, Justice Reed of the New York County Commercial Division issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 50268(U), holding that a detailed explanation of why service was not effected is a sufficient excuse for failing timely to appear . . . Continue reading Detailed Explanation of Why Service Not Effected Sufficient Excuse for Failure Timely to Appear
