Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
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
On January 12, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Access Advance LLC v. Shenzhen Geniatech Inc., 2026 NY Slip Op. 30198(U), holding that a party that did not sign a contract can be liable for breach of the contract as an alter ego of a signer . . . Continue reading Party That Did Not Sign Contract Can Be Liable As Alter Ego of Signer
On December 23, 2025, Justice Crane of the New York County Commercial Division issued a decision in Quartix Fin. Inc. v. KSH Brands LLC, 2025 NY Slip Op. 35193(U), reducing an attorneys’ fees award by ten percent because of block billing . . . Continue reading Court Reduces Attorney’s Fees Award Because of Block Billing
On January 5, 2026, Justice Cohen of the New York County Commercial Division issued a decision in TSLA Capitals, S.A.P.I. DE C.V. v. ATL Funds, LLC, 2026 NY Slip Op. 30133(U), holding that a note referring to performance as well as payment can still be an instrument for the payment of money only under CPLR 3213 . . . Continue reading Note Referring to Performance as Well as Payment Still Instrument for Payment of Money Only Under CPLR 3213
On February 4, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Contact Holdings Corp., 2026 NY Slip Op. 00491, holding that a case dismissed for failure to prosecute was not entitled to tolling under CPLR 205-a . . . Continue reading Case Dismissed for Non-Prosecution Not Entitled to Tolling Under Savings Statute
On February 3, 2026, the First Department issued a decision in Shanklin v. Wilhelmina Models, Inc., 2026 NY Slip Op. 00480, holding that a years-long delay in seeking an order of class certification did not bar the ultimate request for that order . . . Continue reading Years-Long Delay in Seeking Order Not Fatal
On January 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Botbol v. Frosch Intl. Travel, Inc., 2026 NY Slip Op. 30091(U), holding that the covenant of good faith and fair dealing did not require notice of termination of an employment contract . . . Continue reading Covenant of Good Faith and Fair Dealing Does Not Require Notice of Termination of Employment Contract
On January 8, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Parrish v. Marsh & McLennan Cos., Inc., 2026 NY Slip Op. 30045(U), holding that the assertion that an action was filed in New York instead of other jurisdictions to gain a tactical advantage is an insufficient basis to dismiss and action . . . Continue reading Assertion That Action Was Filed in New York for Tactical Advantage Insufficient Basis for Dismissal
On January 28, 2026, the Second Department issued a decision in SAMCOM 48 (DE), LLC v. 37-10 114th St. ML Funding, LLC, 2026 NY Slip Op. 00392, upholding an attachment requiring the proceeds from a real estate sale to be held in escrow . . . Continue reading Attachment Requiring Escrow of Proceeds from Sale of Real Estate Upheld
On January 27, 2026, the First Department issued a decision in Carbon Direct Fund II Blocker I LLC v. LanzaTech Global, Inc., 2026 NY Slip Op. 00311, holding that a claim for breach of the implied covenant of good faith and fair dealing based on the same facts, and seeking the same damages, as a breach of contract claim was duplicative and should be dismissed . . . Continue reading Claim for Breach of Duty of Good Faith and Fair Dealing Based on Same Facts and Damages as Contract Claim Fails
