On October 7, 2026, the Second Department issued a decision in Erkman Intl., Co., Ltd. v. PepsiCo, Inc., 2026 NY Slip Op. 05768, holding that aiding and abetting claims should be dismissed for failure adequately to allege substantial assistance,
Commercial Case Notes
Commercial Case Notes, published by Lundin PLLC, covers legal developments and case law primarily related to commercial litigation and transactional disputes. The blog discusses topics such as mortgage foreclosure actions, evidentiary standards for business records, preliminary injunctions and their legal implications, intervention motions and procedural timeliness, fiduciary duty breaches and equitable estoppel, as well as regulatory issues involving public utilities and tariff interpretations. It focuses on court decisions from New York appellate courts, analyzing their impact on commercial practice and procedural doctrines relevant to commercial and financial litigation.
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Court Erred in Refusing to Consider Papers That Exceeded the Commercial Division Word Limits
By John Lundin
On October 7, 2026, the Second Department issued a decision in Maranov v. Werney, 2026 NY Slip Op. 05778, holding that a court erred in refusing to consider papers that exceeded the word limits of the Commercial Division rules,…
Death of Party in Default Does Not Stay Action
By John Lundin
On October 7, 2026, the Second Department issued a decision in NYCTL 1998-2 Trust v. Phillip, 2026 NY Slip Op. 05802, holding that the death of a party in default did not stay an action, explaining:
In July 2016,…
Defendant That Successfully Obtained Dismissal of Declaratory Judgment Cause of Action Entitled to Declaratory Judgment in its Favor
By John Lundin
On October 7, 2026, the Second Department issued a decision in RMX Foods, Inc. v. Adelson, 2026 NY Slip Op. 05819, holding that a defendant that successfully obtained dismissal of a declaratory judgment cause of action was entitled to…
Option Cannot Be Exercised Before Beginning of Option Period
By John Lundin
On September 8, 2026, Justice Patel of the New York County Commercial Division issued a decision in ET JV Holdings, LLC v. TBH-ASL BSA Member LLC, 2026 NY Slip Op. 51558(U), holding that an option cannot be exercised before…
Claim Stayed Under Primary Jurisdiction Doctrine
By John Lundin
On October 2, 2026, the Fourth Department issued a decision in Agway Energy Servs., LLC v. Central Hudson Gas & Elec. Corp., 2026 NY Slip Op. 05621, staying, but not dismissing, a claim under the primary jurisdiction doctrine, explaining:…
Voluntary Payment Doctrine Did Not Bar Claim Because Payment Was Made by Mistake
By John Lundin
On October 6, 2026, the First Department issued a decision in 5 Beekman Prop. Owner, LLC v. Henick-Lane, Inc., 2026 NY Slip Op. 05712, holding that the voluntary payment doctrine did not bar a claim because the payment was…
Party May Not Appeal Decision on Motion it Did Not Oppose
By John Lundin
On October 6, 2026, the First Department issued a decision in Brice v. Two Sigma Inv. Solutions, LP, 2026 NY Slip Op. 05717, holding that a party may not appeal the decision on a motion it did not oppose,…
Summary Judgment in Foreclosure Action Denied for Failure Adequately to Establish Nonpayment
By John Lundin
On September 30, 2026, the Second Department issued a decision in Banc of Cal., N.A. v. Plumbing Supply Distrib., LLC, 2026 NY Slip Op. 05510, holding that the plaintiff was not entitled to summary judgment in a foreclosure action…
Contract Claim Cannot be Reframed as a Negligence Claim
By John Lundin
On September 30, 2026, the Second Department issued a decision in Board of Educ. of the Blind Brook-Rye Union Free Sch. Dist. v. Kliment Halsband Architects, 2026 NY Slip Op. 05512, holding that a contract claim cannot be reframed…