On July 1, 2026, the Second Department issued a decision in Wellpath Holdings, Inc. v. XL Ins. Am., Inc., 2026 NY Slip Op. 04229, holding that when there are no questions of fact, a court should issue a declaration
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 3
Receivables Purchase Agreement Not an Usurious Loan
By John Lundin
On June 10, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Bizfund, LLC v. Elks Constr., LLC, 2026 NY Slip Op. 32089(U), holding that a receivable purchase agreement was not an usurious loan,…
Trial Court Erred in Conditioning Discontinuance on Payment of Opposing Party’s Fees
By John Lundin
On June 30, 2026, the First Department issued a decision in Matter of Miller v. 22 Ericsson Owner LLC, 2026 NY Slip Op. 04148, holding that a trial court erred in conditioning discontinuance on payment of a significant portion…
Unconscionability Defense fails for Lack of Procedural Unconscionability
By John Lundin
On June 26, 2026, the Fourth Department issued a decision in NewCo Capital Group LLC v. SPE Trading, Inc., 2026 NY Slip Op. 04057, holding that an unconscionability defense failed for lack of procedural unconscionability, explaining:
We also reject…
Court Erred in Not Sanctioning Party Whose Claims Were Based On False Affidavit
By John Lundin
On June 25, 2026, the First Department issued a decision in Mendon Ventures Fintech Fund I LP v. Equitus Corp., 2026 NY Slip Op. 04040, holding that a court erred in not sanctioning a party whose claims were based…
Fraud Claim Fails Because Plaintiff Was Not Reasonable In Relying on Incomplete Information
By John Lundin
On June 18, 2026, the First Department issued a decision in Leinhardt v. Socure, Inc., 2026 NY Slip Op. 03881, holding that a fraud claim failed because the plaintiff was not reasonable in relying on incomplete information, explaining:
Plaintiff’s…
Prevailing Party Not Entitled to Fees on Fees
By John Lundin
On June 5, 2026, the Fourth Department issued a decision in Broadway Warehouse Co. v. Buffalo Barn Bd., LLC, 2026 NY Slip Op. 03528, holding that a prevailing party was not entitled to fees on fees, explaining:
While plaintiff…
Court Did Not Abuse Discretion in Refusing to Enforce Default Provision of Discovery Stipulation
By John Lundin
On June 10, 2026, the Second Department issued a decision in Watts v. Espinoza, 2026 NY Slip Op. 03697, holding that a trial court did not abuse its discretion in refusing to enforce a default provision in a discovery…
Party Sanctioned For Bringing Frivolous Claim Based On Dismissal of Similar Claims in Earlier Action
By John Lundin
On June 3, 2026, Justice Reed of the New York County Commercial Division issued a decision in Cortlandt St. Recovery Corp. v. TPG Capital Mgt., L.P., 2026 NY Slip Op. 50868(U), sanctioning a party for bringing frivolous claims based…
Court Properly Denied Motion for Discontinuance
By John Lundin
On June 11, 2026, the First Department issued a decision in Peng v. Board of Mgrs. of Acmos on Chrystie LLC, 2026 NY Slip Op. 03740, holding that a court properly denied a motion for discontinuance, explaining:
Ordinarily, a…