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
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 9
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…
Client’s Failure to Pay is Sufficient Grounds for Withdrawal
By John Lundin
On May 15, 2026, Justice Reed of the New York County Commercial Division issued a decision in Brighthill Capital, LLC v. Abrams, 2026 NY Slip Op. 50742(U), holding that a client’s failure to pay is sufficient grounds to grant…
Court Refuses to Enforce Attorneys’ Fees Portion of Stipulation of Settlement
By John Lundin
On May 5, 2026, Justice Doyle of the Seventh Judicial District Commercial Division issued a decision in Samson MCA LLC v. DI Constr. LLC, 2026 NY Slip Op. 50732(U), refusing to enforce an attorneys’ fees provision of a stipulation…
Court Declines to Grant Stay in Connection with Withdrawal of Counsel
By John Lundin
On May 14, 2026, Justice Reed of the New York County Commercial Division issued a decision in Computershare Trust Co., N.A. v. Cohen, 2026 NY Slip Op. 50735(U), declining to grant a stay in connection with the withdrawal of…
Plaintiff Bound by Forum Selection Clause
By John Lundin
On May 7, 2026, Justice Gomez of the Bronx County Commercial Division issued a decision in J&A Concrete Corp. v. Everest Reins. Co., 2026 NY Slip Op. 26068, holding that a plaintiff was bound by the forum selection clause…
Action Should be Dismissed for Failure Timely to Move for a Default Judgment
By John Lundin
On May 13, 2026, the Second Department issued a decision in U.S. Bank N.A. v. Islam, 2026 NY Slip Op. 03015, holding that an action should be dismissed if the plaintiff failed timely to seek a default judgment, explaining:…
Court Should Have Vacated Note of Issue Because of Changed Circumstances
By John Lundin
On May 13, 2026, the Second Department issued a decision in Harrison v. 160-01 Jamaica Ave. Corp., 2026 NY Slip Op. 02970, holding that a trial court should have vacated a note of issue because of changed circumstances, explaining:…
Summary Judgment Denied Because of Failure to Submit Business Records Referred to in supporting Affidavit
By John Lundin
On May 13, 2026, the Second Department issued a decision in Deutsche Bank Natl. Trust Co. v. PF Holding, LLC, 2026 NY Slip Op. 02967, holding that the plaintiff was not entitled to summary judgment because of its failure…
LLC’s Failure to Abide by Publication Requirements When Formed Prevent it From Suing
By John Lundin
On April 30, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Credit League, LLC v. Cella Bella’s Hospice Corp., 2026 NY Slip Op. 31905(U), holding that an LLC’s failure to abide by the statutory…