On July 29, 2026, the Second Department issued a decision in U.S. Bank, N.A. v. Rosenblatt, 2026 NY Slip Op. 04788, holding that an action should have been dismissed because of the plaintiff’s failure to seek a default judgment
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.
Latest from Commercial Case Notes - Page 2
Referee Erred in Basing Damages Award on Unproduced Evidence
By John Lundin
On July 29, 2026, the Second Department issued a decision in Wilmington Trust, N.A. v. Walker, 2026 NY Slip Op. 04793, holding that a referee erred in basing a damages award on unproduced evidence, explaining:
The Supreme Court erred…
Motion for Intervention Fails for Lack of Proposed Pleading
By John Lundin
On July 22, 2026, the Second Department issued a decision in PHH Mtge. Corp. v. Ruth, 2026 NY Slip Op. 04523, holding that a motion for intervention must be denied if not accompanied by a proposed pleading, explaining:
A…
Court Will Not Vacate Arbitrator’s Class Arbitration Decision
By John Lundin
On July 16, 2026, the First Department issued a decision in Matter of Light & Wonder, Inc. v. Mohawk Gaming Enters. LLC, 2026 NY Slip Op. 04474, upholding a court’s refusal to vacate a class arbitration award, explaining:
Petitioners…
Alleged Release Does Not Bar Money Had and Received Claim
By John Lundin
On July 10, 2026, Justice Grays of the Queens County Commercial Division issued a decision in Kim v. Radiology Assoc. of Main St., P.C., 2026 NY Slip Op. 51050(U), holding that an alleged release did not bar a money…
Court Did Not Abuse Discretion in Denying a Default Judgment Because of Questions Regarding Whether Defendant Was Served
By John Lundin
On July 9, 2026, the First Department issued a decision in G-Unit Books, Inc. v. Tompkins, 2026 NY Slip Op. 04370, holding that a court did not abuse its discretion in denying a default judgment against a defendant whose…
Jury Trial Waiver Can Apply to Persons Who Do Not Sign Agreement Containing the Waiver
By John Lundin
On July 9, 2026, the First Department issued a decision in Homapour v. 3M Props., LLC, 2026 NY Slip Op. 04371, holding that a jury trial waive can apply to persons who did not sign the agreement containing the…
Corporation Cannot Assert a Defense of Civil Usury
By John Lundin
On July 8, 2026, the Second Department issued a decision in LF Collateral SPV IV, LLC v. Citadel NY, Inc., 2026 NY Slip Op. 04288, holding that a corporation cannot assert a defense of civil usury, explaining:
A corporation…
No Separate Claim for Breaching the Corporate Veil
By John Lundin
On July 2, 2026, the First Department issued a decision in Avail Holding LLC v. ICM Funding LLC, 2026 NY Slip Op. 04256, holding that there is no separate cause of action for piercing the corporate veil, explaining:
Moreover,…
Counsel Sanctioned For Bringing Frivolous Appeal Seeking to Reverse Trial Court’s Sanctions Against It
By John Lundin
On July 2, 2026, the First Department issued a decision in Slabakis v. Poyiadjis, 2026 NY Slip Op. 04265, sanctioning counsel for bringing a frivolous appeal seeking to reverse the trial court’s sanctions against counsel, explaining:
Supreme Court was…