Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On December 12, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Vigeland v. Sand Assoc., L.P., 2025 NY Slip Op. 34822(U), refusing to award fees incurred in making a fee application . . . Continue reading Court Refuses to Grant Fees Incurred in Making a Fee Application
On December 11, 2025, Justice Boddie of the Kings County Commercial Division issued a decision in EN OD Capital v. Jac Contr. Servs. LLC, 2025 NY Slip Op. 34851(U), holding that a merchant cash advance agreement was not a usurious loan . . . Continue reading Merchant Cash Advance Agreement not Usurious Loan
On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in Grace Holmes, Inc. v. Bourbon Sidecar LLC, 2025 NY Slip Op. 34888(U), denying a motion to seal because, among other things, of the failure to submit evidentiary support for the argument that the documents should be sealed . . . Continue reading Motion to Seal Fails for Lack of Evidentiary Support
On January 8, 2026, the First Department issued a decision in Yolanda Mgt. Corp. v. MicroAlgo, Inc., 2026 NY Slip Op. 00072, holding that a contractual obligation to use best efforts was not unenforceably vague . . . Continue reading Contractual Obligation to Use Best Efforts to Accomplish Task Not Unenforceably Vague
On January 8, 2026, the First Department issued a decision in Continuum Energy Tech., LLC v. Iron Oak, Inc. (USA), 2026 NY Slip Op. 00053, holding that a motion to strike was deficient because it was not supported by an affirmation of good faith . . . Continue reading Motion to Strike Fails for Lack of Affirmation of Good Faith
On January 6, 2026, the First Department issued a decision in Valley Natl. Bank v. Community Prot. Church of Co-op City, Inc., 2026 NY Slip Op. 00036, holding that a motion should not be denied based on the inadmissibility of the supporting evidence if the non-movant did not challenge the evidence on that ground . . . Continue reading Motion Should Not be Denied Based on the Inadmissibility of Supporting Evidence if the Non-Movant Did Not Challenge the Evidence on That Ground
On January 6, 2026, the First Department issued a decision in Taxi Tours, Inc. v. Go N.Y. Tours Inc., 2026 NY Slip Op. 00034, holding that there is no appeal from an order issued sua sponte . . . Continue reading No Appeal from an Order Issued Sua Sponte
On January 6, 2026, the First Department issued a decision in Silver Hgts. Dev. LLC v. 972 La Forza Del Destino, LLC, 2026 NY Slip Op. 00033, holding that “[n]o appeal lies from an order declining to sign an order to show cause, since it is an ex parte order that does not decide a motion made on notice.” Continue reading No Appeal of Refusal to Sign Order to Show Cause
On December 5, 2025, Justice Cohen of the New York County Commercial Division issued a decision in Romspen Inv. LP v. Ebrahimzadeh, 2025 NY Slip Op. 34692(U), holding that a borrower’s bankruptcy does not bar an action against a guarantor . . . Continue reading Borrower’s Bankruptcy Does Not Bar Action Against Guarantor
On December 8, 2025, Justice Patel of the New York County Commercial Division issued a decision in Castleman v. Interactive Brokers LLC, 2025 NY Slip Op. 34694(U), holding that a receiver’s claims were barred by the in pari delicto doctrine . . . Continue reading Receiver’s Claims Barred by In Pari Delicto Doctrine
