Commercial Case Notes Archives

Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement

On February 9, 2026, Justice Crane of the New York County Commercial Division issued a decision in Yonder Media Mobile Inc. v. FuboTV, Inc., 2026 NY Slip Op. 30466(U), holding that a promissory estoppel claim cannot overcome the fact that a term sheet unambiguously stated that it was not a binding agreement . . . Continue reading Promissory Estoppel Claim Cannot Overcome Fact That Term Sheet Unambiguously Stated That it Was Not a Binding Agreement

Commercial Case Notes / Personal Jurisdiction

Forum Selection Clause Insufficient to Confer Personal Jurisdiction

On February 6, 2026, Justice Masley of the New York County Commercial Division issued a decision in U.S. Alliance Group, Inc. v. Jubilee Group LLC, 2026 NY Slip Op. 30471(U), holding that a forum selection clause is insufficient to create personal jurisdiction . . . Continue reading Forum Selection Clause Insufficient to Confer Personal Jurisdiction

Commercial Case Notes / Contracts

Plaintiff Adequately Alleged Claim of Economic Duress

On February 18, 2026, the Second Department issued a decision in Sal Savasta, Inc. v. Boar’s Head Provisions Co., Inc., 2026 NY Slip Op. 00924, holding that a plaintiff had adequately alleged a claim for economic duress . . . Continue reading Plaintiff Adequately Alleged Claim of Economic Duress

Commercial Case Notes / Discovery/Disclosure / Sanctions

Motion for Discovery Sanctions Failed for Lack of Affirmation of Good Faith

On February 18, 2026, the Second Department issued a decision in Sanchez v. Uber Tech., Inc., 2026 NY Slip Op. 00926, holding that a motion for discovery sanctions was properly denied because of the movant’s failure to submit an affirmation of good faith . . . Continue reading Motion for Discovery Sanctions Failed for Lack of Affirmation of Good Faith

Commercial Case Notes / Court Rules and Procedures

No Jury Trial on Fraudulent Inducement Claim When it Seeks Recission

On February 19, 2026, the First Department issued a decision in Penske v. National Holding Corp., 2026 NY Slip Op. 00978, holding that there was no right to a jury trial on a fraudulent inducement claim seeking recission . . . Continue reading No Jury Trial on Fraudulent Inducement Claim When it Seeks Recission

Commercial Case Notes / Court Rules and Procedures

Avoiding Embarrassment or Harm to Reputation Insufficient Basis for Sealing Record

On January 19, 2026, Justice Masley of the New York County Commercial Division issued a decision in Bangladesh Bank v. Rizal Commercial Banking Corp., 2026 NY Slip Op. 30259(U), holding that avoiding embarrassment or harm to reputation was an insufficient basis for sealing the court records . . . Continue reading Avoiding Embarrassment or Harm to Reputation Insufficient Basis for Sealing Record

Commercial Case Notes / Court Rules and Procedures

Cross-Motion May Not be Made Against Party That was Not the Initial Movant

On January 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Huebner v. Elberg, 2026 NY Slip Op. 30293(U), holding that a cross-motion may not be made seeking relief from a party that was not the movant for the initial motion . . . Continue reading Cross-Motion May Not be Made Against Party That was Not the Initial Movant

Commercial Case Notes / Fraud/Misrepresentation

Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive

On January 25, 2026, Justice Masley of the New York County Commercial Division issued a decision in Psalms Creative, LLC v. Beacon Inv. Holdings LLC, 2026 NY Slip Op. 30295(U), holding that a fraud claim based on an alleged misrepresentation of contractual compliance failed because it was duplicative of a breach of contract claim, but that a fraud claim alleging misrepresentations made to induce a party to enter into a contract survived . . . Continue reading Alleged Misrepresentation of Contractual Compliance Fails, But Claim Alleging Misrepresentations to Induce Party to Enter Into Contract Survive

Commercial Case Notes / Fraud/Misrepresentation

Fraud Claim Fails for Lack of Sufficient Factual Allegations

On January 27, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Ace Group 11, Inc. v. All State Constr. R Us, Inc., 2026 NY Slip Op. 30337(U), dismissing a fraud claim for lack of sufficient factual allegations . . . Continue reading Fraud Claim Fails for Lack of Sufficient Factual Allegations

Commercial Case Notes / Court Rules and Procedures

Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend

On February 10, 2026, the First Department issued a decision in Board of Mgrs. of the 432 Park Condominium v 56th & Park (NY) Owner, LLC, 2026 NY Slip Op. 00609, holding that the need for additional discovery, without more, is insufficient basis to deny a motion to amend to add fraud-based claims . . . Continue reading Need for Additional Discovery, Without More, Insufficient Basis to Deny Motion to Amend

Commercial Case Notes

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