Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal . . . Continue reading If Claims Are Subject to Arbitration, the Remedy is a Stay, Not Dismissal
On March 26, 2026, Justice Patel of the New York County Commercial Division issued a decision in Irizarry v. Zelaya, 2026 NY Slip Op. 31254(U), holding that a Notice to Admit cannot be used as a means to discover facts . . . Continue reading Notice to Admit Cannot be Used as a Means to Discover Facts
On April 14, 2026, the First Department issued a decision in T-Mobile USA, Inc. v. Broadcom Inc., 2026 NY Slip Op. 02226, ordering a trial court to reconsider the amount of a bond because it was insufficiently related to the damage that could result from an injunction . . . Continue reading Court Ordered to Reconsider Bond Amount Because it Was Insufficiently Related to the Potential Damage That Could Result From the Injunction
On April 14, 2026, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2026 NY Slip Op. 02220, holding that a party waived the attorney-client privilege by placing its reliance on counsel’s advice at issue . . . Continue reading Privilege Waived by Putting Counsel’s Advice at Issue
On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default . . . Continue reading Motion to Vacate, Not Motion to Reargue, is Proper Means to Address a Decision Made on Default
On April 15, 2026, the Second Department issued a decision in Canzona v. Atanasio, 2026 NY Slip Op. 02243, holding that the fact that the plaintiff owed the defendant money was an insufficient basis for a conversion counterclaim . . . Continue reading That Party Owed Money Insufficient Basis for Conversion Claim
On April 16, 2026, the First Department issued a decision in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 NY Slip Op. 02340, holding that a fraud claim was not duplicative of a breach of contract claim because the alleged misrepresentations were collateral to the contract . . . Continue reading Fraud Claim Not Duplicative of Contract Claim Because Alleged Misrepresentations Were Collateral to the Contract
On April 16, 2026, the First Department issued a decision in Glenmede Trust Co., N.A. v. Infinity Q Capital Mgt. LLC, 2026 NY Slip Op. 02330, holding that a person that signs a registration statement is liable for misstatements in it and cannot disclaim that responsibility . . . Continue reading Person That Signs Registration Statement Liable for Misstatements in it and Cannot Disclaim That Liability
On April 7, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Rocco Agostino Landscape & Gen. Contr. Corp. v. City of New York, 2026 NY Slip Op. 31400(U), holding the format of a special master’s report is an improper basis for objecting to the report . . . Continue reading Format of Special Master’s Report Improper Basis for Objection
On April 6, 2026, Justice Patel of the New York County Commercial Division issued a decision in JLJ Capital LLC v. Churchill Real Estate Holdings LLC, 2026 NY Slip Op. 31389(U), holding that a fraud claim can be based on a false representation of the ability to perform a contract . . . Continue reading Fraud Claim Can be Based on False Representation of Ability to Perform a Contract
