Statute
CPLR
324 published works
Commercial Case Notes
Court Allows Service By E-Mail On Persons in Cayman Islands
By John Lundin
On April 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Agile Capital Funding LLC v. Solar4america Tech. Inc., 2026 NY Slip Op. 31702(U),…
New York Attorney Malpractice Blog
In This Cases Between A Member and A Law Firm, the Member Loses
A very familiar situation in legal malpractice is where one member of an LLC sues the law firm over its representation of the LLC to the member’s detriment. Often the…
New York Commercial Division Practice
Technical Difficulties Aren’t Enough: A Lesson from the Commercial Division
Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once…
New York Commercial Division Practice
One Line Too Few: How Noncompliance with Recently Amended CPLR 2106 Undermines an Affirmation
Rule 2106 of the CPLR permits a written affirmation, made under penalty of perjury, to be submitted in place of an affidavit, carrying the same legal effect in New York…
Commercial Case Notes
Court Declines to Dismiss in Favor of Later-Filed New Jersey Action Even Though New Jersey Courts Refused to Dismiss the Later-Filed Action
By John Lundin
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining…
Commercial Case Notes
Defendant’s Failure to Submit Affidavit Rebutting Service Fatal to Challenge to Service
By John Lundin
On March 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Biz Advance Now, Inc. v. BHMAAA Inc., 2026 NY Slip Op. 31001(U), holding that…
Commercial Case Notes
Party Bound by Discovery Stipulation
By John Lundin
On March 25, 2026, the Second Department issued a decision in Yong Hong Xie v. Lan Chen, 2026 NY Slip Op. 01818, holding that a party was bound by a…
Commercial Case Notes
Court Holds That Discovery Permissible in Proceeding to Vacate Arbitral Award, Although Denied on Current Application
By John Lundin
On March 2, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Shell NA LNG LLC v. Venture Global Calcasieu Pass, LLC, 2026 NY Slip…
Commercial Case Notes
Fraud Claim Dismissed Because of Impermissible Group Pleading
By John Lundin
On February 24, 2026, Justice Crane of the New York County Commercial Division issued a decision in A Participations Ltd. v. Velissaris, 2026 NY Slip Op. 30684(U), dismissing fraud claim…
Commercial Case Notes
LLC Ownership Interest Subject to Turnover Order
By John Lundin
On February 18, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Waam Yieldco LLC v. Frank, 2026 NY Slip Op. 30608(U), holding that an…