Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On February 2, 2026, Justice Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Ctr. LLC, 2026 NY Slip Op. 50258(U), denying a motion to vacate a default judgment for failure to show either a reasonable excuse or a meritorious defense . . . Continue reading Motion to Vacate Default Fails for Lack of Reasonable Excuse or Showing of Merit
On March 4, 2026, the Second Department issued a decision in Michael Gangi Plumbing & Heating Contrs., Inc. v. World Bus. Lenders, 2026 NY Slip Op. 01194, holding that a fraud claim cannot be based on a misrepresentation that the plaintiff could with due diligence have determined was false . . . Continue reading Fraud Claim Cannot be Based on Misrepresentation That The Plaintiff Could With Due Diligence Have Determined Was False
On February 13, 2026, Justice Cohen of the New York County Commercial Division issued a decision in S.A.R.L. Galerie Enrico Navarra v. Marlborough Gallery Inc., 2026 NY Slip Op. 30551(U), excluding evidence of a party’s conviction arising from an earlier case involving the opposing party . . . Continue reading Court Excludes Evidence of Party’s Conviction Arising From Earlier Case Involving Opposing Party
On February 18, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Waam Yieldco LLC v. Frank, 2026 NY Slip Op. 30608(U), holding that an LLC ownership interest could be the subject of a turnover order . . . Continue reading LLC Ownership Interest Subject to Turnover Order
On February 26, 2026, the Third Department issued a decision in Darwish Auto Group, LLC v. TD Bank, N.A., 2026 NY Slip Op. 01102, holding that because a motion’s prayer for relief sought “further relief as the court deems just,” it was not improper for a court to grant relief not specifically sought in the motion . . . Continue reading Because Motion’s Prayer for Relief Sought “Further Relief as the Court Deems Just,” It Was Not Improper for Court to Grant Relief Not Specifically Sought in Motion
On February 25, 2026, the Second Department issued a decision in Alnoukari v. Nokari, 2026 NY Slip Op. 01025, holding that a plaintiff need not justify restoring an action to the court’s calendar after it is struck for failure to file a Note of Issue if no 90-day notice has been filed . . . Continue reading Plaintiff Need Not Justify Restoring Action to Calendar After it is Struck for Failure to File the Note of Issue if No 90-Day Notice Filed
On February 25, 2026, the Second Department issued a decision in Catalogne v. Class Action Recovery, LLC, 2026 NY Slip Op. 01029, holding that the statute of frauds barred a claim for breach of an oral agreement to assist in the negotiation of a business opportunity . . . Continue reading Statute of Frauds Barred Claim for Breach of Oral Agreement to Negotiate Business Opportunity
On December 29, 2025, Justice Doyle of the Monroe County Commercial Division issued a decision in Samson MCA LLC v. Salco Landscape Servs. Inc., 2025 NY Slip Op. 35234(U), holding that an attorney fees award must be based on the work done, not a percentage of the amount at issue . . . Continue reading Fee Award Must be Based on Work Done, Not Percentage of Amount At Issue
On February 19, 2026, the First Department issued a decision in Pokoik v. Steinberg, 2026 NY Slip Op. 00995, holding that the business judgment rule protected partners from a breach of fiduciary claim . . . Continue reading Business Judgment Rule Protected Partners from Breach of Fiduciary Duty Claim
On February 4, 2026, Justice Patel of the New York County Commercial Division issued a decision in Lateral Inv. Mgt., LLC v. Marcum, LLP, 2026 NY Slip Op. 30413(U), holding that disclosure of a privileged document to a third party waived privilege for the whole document . . . Continue reading Disclosure of Redacted Version of Privileged Document Waived Privilege for Entire Document
