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
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 6
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…
Motion to Dismiss for Lack of Standing Fails if Movant Cannot Show a Lack of Standing as a Matter of Law
By John Lundin
On May 20, 2026, the Second Department issued a decision in City of Philadelphia Bd. of Pensions & Retirement v. Winters, 2026 NY Slip Op. 03141, holding that a motion to dismiss for lack of standing fails if the…
Dismissal for Failure to Prosecute Reversed Because of Inadequate Notice
By John Lundin
On May 20, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. Poyer, 2026 NY Slip Op. 03145, reversing a dismissal for failure to prosecute because of inadequate notice, explaining:
CPLR 3216 permits a…
Failure to Exercise Best Efforts Constitutes Breach of Covenant of Good Faith and Fair Dealing
By John Lundin
On May 20, 2026, the Second Department issued a decision in GPB Capital Holdings, LLC v. Dibre, 2026 NY Slip Op. 03150, holding that the failure to exercise best efforts constituted a breach of the covenant of the implied…
Statute of Limitations on Mortgage Balance Begins to Run When Lender Demands That Entire Balance be Paid
By John Lundin
On May 20, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Barr, 2026 NY Slip Op. 03199, holding that the statute of limitations on a claim for failure to pay the balance due on…