Commercial Case Notes analyzes legal topics of interest in recent decisions from or relating to New York’s Commercial Division
On October 29, 2026, the First Department issued a decision in Matter of Peers Business Inc. v. Navios S. Am. Logistics Inc., 2026 NY Slip Op. 06387, holding that a party waives the right to object to arbitration by participating in it . . . Continue reading Party Waives Right to Object to Arbitration By Participating in It
On October 29, 2026, the First Department issued a decision in JRT Realty Group, Inc. v. Cushman & Wakefield, Inc., 2026 NY Slip Op. 06400, affirming the dismissal of defamation claim under New York’s anti-SLAPP statute . . . Continue reading Defamation Claim Dismissed Under Anti-SLAPP Statute
On October 27, 2026, the First Department issued a decision in Hyposwiss Private Bank Genève SA v. JLRE4 LLC, 2026 NY Slip Op. 06247, holding that a plaintiff adequately had alleged a claim for money had and received . . . Continue reading Money Had and Received Claim Survives Motion to Dismiss
On October 19, 2026, the Office of Court Administration issued a new Commercial Division Rule 14-b regarding discovery cost shifting. Continue reading New Commercial Division Rule Regarding Discovery Cost Shifting
On October 22, 2026, the First Department issued a decision in Medley Mgt. Inc. v. Lowenstein Sandler, LLP, 2026 NY Slip Op. 06202, holding that a legal malpractice clam failed for lack of damages . . . Continue reading Legal Malpractice Claim Fails for Lack of Damages
On October 1, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Abramov v. Capula Inv. US LP, 2026 NY Slip Op. 26184, holding that a lawyer can be a whistleblower under the New York whistleblowing statute . . . Continue reading Lawyer Can Be Whistleblower Under New York Statute
On October 20, 2026, the First Department issued a decision in IKB Intl. S.A. in Liquidation v. Morgan Stanley, 2026 NY Slip Op. 06064, holding that motion in limine decisions limiting the issues to be tried are appealable . . . Continue reading Motion in Limine Decisions Limiting Issues to be tried are Appealable
On October 20, 2026, the First Department issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 06080, holding that a movant cannot appeal the Continue reading Movant Cannot Appeal the Refusal to Sign an Order to Show Cause
On October 9, 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. 51697(U), holding that the fact that EB-5 investors did not earn a return on their investment was an insufficient basis for a fraud claim . . . Continue reading That EB-5 Investors Did Not Earn a Return on Their Investment Insufficient Basis for Fraud Claim
On October 6, 2026, Justice Reed of the New York County Commercial Division issued a decision in Webb v. Infusion Capital Group LLC, 2026 NY Slip Op. 51679(U), holding that an LLC may avoid the need to register in New York before bringing suit by assigning its claims to an individual . . . Continue reading LLC May Avoid Need to Register in New York Before Bringing Suit by Assigning Claims to Individual
