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 defendants’ contention that the agreement is unconscionable. Whether a contract or any clause of the…
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 on a false affidavit, explaining:
The court improvidently exercised its discretion in denying plaintiff an…
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 claims are barred by the releases he signed and because he failed to allege a…
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 was properly granted an award of attorney’s fees for legal work undertaken to obtain the…
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 stipulation, explaining:
Under almost any given state of facts, where to enforce a stipulation would…
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 on dismissal of similar claims in an earlier action, explaining:
Pursuant to 22 NYCRR 130—1.1(a),…
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 court should not compel a party to litigate and should grant a discontinuance absent special…
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:
[P]laintiffs, defendants, and several additional nonparty entities entered into a settlement agreement and release. Under…
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 in intraparty disputes because the right to such indemnification was not unmistakably clear, explaining:
When…
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 real property was barred by the Statute of Frauds, explaining:
A party may move to…
