On March 23, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Clear Haven Inv. Fund, LP v. Zags SPV 1 LLC, 2026 NY Slip Op. 31133(U), dismissing a tortious interference counterclaim for failure adequately to allege an improper motive or means, explaining:
Tortious interference with business relationships requires…
On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in McLaughlin & Stern, LLP v. Rocketstar, Inc., 2026 NY Slip Op. 30988(U), holding that when a defendant directed opposing counsel to communicate with defendant’s counsel, opposing counsel did not err in sending notice of client’s rights to…
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 a defendant’s failure to submit an affidavit rebutting service was fatal to a challenge to service, explaining:
Ordinarily, a process server’s sworn affidavit of…
On March 16, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Namdar Fordham Landing LLC v. Fordham Landing Preferred Sponsor, LLC, 2026 NY Slip Op. 31005(U), holding that a fiduciary’s conflicts of interest, even if permitted by contract, were still relevant to the balance of the equities in…
On March 16, 2026, Justice Crane of the New York County Commercial Division issued a decision in GRIT BXNG at Home, Inc. v. SweatWorks LLC, 2026 NY Slip Op. 31011(U), dismissing a claim based on injury to reputation where there were no non-conclusory damages allegations, explaining:
Here, even assuming the challenged content on SweatWorks…
On March 17, 2026, Justice Masley of the New York County Commercial Division issued a decision in Oasis Invs. II Master Fund Ltd. v. Chang Ye Inv. Co. Ltd., 2026 NY Slip Op. 31050(U), analyzing the issue of an investor’s standing to sue when the governing agreement provides that the registered owner, not the…
On March 17, 2026, Justice Cohen of the New York County Commercial Division issued a decision in CPPIB Credit Invs. II Inc. v. Deutsche Bank Trust Co. Ams., 2026 NY Slip Op. 31052(U), holding that a no-action clause did not bar a claim based on the denial of a plaintiff’s rights specifically listed in…
On February 23, 2026, Justice Weinmann of the Erie County Commercial Division issued a decision in Ilend Advance LLC v. Her Mktg. Concepts, Inc., 2026 NY Slip Op. 50382(U), holding that even though a merchant cash advance agreement’s reconciliation provision may favor the lender, that did not make the agreement an usurious loan, explaining:…
On March 20, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Kings Auto. Holdings, LLC v. Brooklyn Store LLC, 2026 NY Slip Op. 31078(U), holding that for the purposes of a Yellowstone injunction, an unauthorized transfer of ownership is a curable defect, explaining:
A Yellowstone injunction maintains the status…
On March 20, 2026, Justice Masley of the New York County Commercial Division issued a decision in Grayco Alternative Partners II, LP v. 5 Stone Green Capital LLC, 2026 NY Slip Op. 31101(U), holding that New York’s statutory pre-judgment interest rate does not apply to an arbitral award that does not award statutory interest,…
