Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 29, 2026, the Second Department issued a decision in Yong Xu v. 401 Foster Gasoline, Inc., 2026 NY Slip Op. 02692, holding that a defendant was liable for conversion for taking more than half the funds in a joint bank account . . . Continue reading Defendant Liable for Conversion for Taking More Than Half the Funds in a Joint Bank Account
On April 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Big City Outdoor, LLC v. JTRE 23 WS LLC, 2026 NY Slip Op. 50579(U), reforming a contract on summary judgment based on the parties’ course of performance and the avoidance of absurd results . . . Continue reading Court Reforms Contract on Summary Judgment Based on Course of Performance and Avoidance of Absurd Results
On April 10, 2026, Justice Masley of the New York County Commercial Division issued a decision inWH Nagog GP LLC v. Weiss, 2026 NY Slip Op. 31602(U), dismissing a fraud claim for failure to allege due diligence . . . Continue reading Fraud Claim Fails for Lack of Due Diligence
On April 22, 2026, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2026 NY Slip Op. 50568(U), holding that tax records are discoverable only when they are indispensable . . . Continue reading Tax Records Discoverable Only When They Are Indispensable
On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory judgment in response to a motion to dismiss . . . Continue reading Court May Grant Declaratory Judgment in Response to a Motion to Dismiss
On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs . . . Continue reading Plaintiffs Not Allowed to Depose Defendants Before Defendants Deposed Plaintiffs
On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to a dispute in which the old and new controlling members were adverse . . . Continue reading New Controlling Member Not Entitled to Pre-Change of Control Privileged Communications if They Related to a Dispute in Which Old and New Controlling Members Were Adverse
On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it . . . Continue reading A Party May Not Move to Dismiss a Claim That Was Not Asserted Against It
On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract . . . Continue reading Choice of Law Provision Did Not Govern Statute of Limitations
On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so . . . Continue reading Court May Not, In Confirming Arbitral Award, Award Pre-Award Interest if the Arbitrator Did Not
