On June 2, 2026, the First Department entered a decision in Eastern Effects, Inc. v. 3911 Lemmon Ave. Assoc., LLC, 2026 NY Slip Op. 03386, holding that a fraud counterclaim was barred by an agreement’s no representation clause, explaining:
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 4
No Intraparty Indemnification Because Agreement Did Not Unmistakably Require It
By John Lundin
On June 2, 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. 03381, holding that an agreement did not require indemnification…
Oral Contract Claim Regarding Real Property Barred by Statute of Frauds
By John Lundin
On May 27, 2026, Justice Ondrovic of the Westchester County Commercial Division issued a decision in Morataya v. 183 Lincoln Ave. LLC, 2026 NY Slip Op. 50819(U), holding that a contract claim based on an oral contract to purchase…
Because a Derivative Claim is Equitable, No Right to Jury Trial Even if the Action Seeks Money Damages
By John Lundin
On May 28, 2026, the First Department issued a decision in James Thomas Realty, LLC v. Cheliotes, 2026 NY Slip Op. 03362, holding that because a derivative claim is an equitable claim, there is no right to a jury…
Even Though Agent Had No Contractual Duty to Enforce Lenders’ Rights, It Still Could be Liable for Breach of Covenant of Good Faith and Fair Dealing by Failing to Do So
By John Lundin
On April 30, 2026, the First Department issued a decision in Arena Vantage SPV, LLC v. Actionable Process LLC, 2026 NY Slip Op. 02722, holding that even though an agent had no contractual duty to enforce lenders’ rights, it…
Apparent Authority Must Be Based on the Acts of the Principal, Not the Agent
By John Lundin
On May 27, 2026, the Second Department issued a decision in BP3 Capital, LLC v. 5120 Realty Corp., 2026 NY Slip Op. 03286, holding that apparent authority must be based on the acts of the principal, not the agent,…
Judiciary 487 Law Claim Based on Allegations of Use of False Affidavits Survives Dismissal
By John Lundin
On May 27, 2026, the Second Department issued a decision in Dual Diagnosis Treatment Ctr., Inc. v. Yellowstone Capital W., LLC, 2026 NY Slip Op. 03292, holding that a Judiciary Law 487 claim based on use of false affidavits…
Sua Sponte Order Not Directly Appealable
By John Lundin
On May 27, 2026, the Second Department issued a decision in U & Me Homes, LLC v. County of Suffolk, 2026 NY Slip Op. 03331, holding that an order issued sua sponte was not directly appealable, explaining:
The appeals…
Plaintiff May Not Move to Dismiss Affirmative Defense of Failure to State a Claim
By John Lundin
On May 14, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Avion Funding v. Access Prods. Inc., 2026 NY Slip Op. 32048(U), holding that a plaintiff may not move to dismiss an affirmative defense…
Denial of Motion to Dismiss Defeats Malicious Prosecution Claim
By John Lundin
On May 21, 2026, the First Department issued a decision in Motcomb Estates, Ltd. v. CMB Export Infrastructure Inv. Group 48, LP, 2026 NY Slip Op. 03234, holding that the denial of a motion to dismiss defeated a malicious…