On May 7, 2026, the First Department issued a decision in Dorilton Capital Mgt. LLC v. Stilus LLC, 2026 NY Slip Op. 02875, holding that a plaintiff had met the high burden of justifying the issuance of a Hague Convention letter request, explaining:
When discovery is sought from a nonparty in a foreign jurisdiction…
On May 6, 2026, the Second Department issued a decision in Federal Natl. Mtge. Assn. v. McDonald, 2026 NY Slip Op. 02826, holding that a referee erred in relying on testimony summarizing documents that were not in evidence, explaining:
The Supreme Court should have denied those branches of the plaintiff’s motion which were to…
On May 6, 2026, the Second Department Westchester Fitness, LLC v. Retrofitness, LLC, 2026 NY Slip Op. 02870, holding that a plaintiff had failed to meet the heavy burden for escaping the mandate of a forum selection clause, explaining:
Under CPLR 3211(a)(1), a dismissal is warranted only if the documentary evidence submitted conclusively establishes…
On April 17, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Reich v. Purslane, LLC, 2026 NY Slip Op. 31768(U), disqualifying a limited liability company’s prior counsel from representing one member in a suit against another member regarding the LLC’s management, explaining:
It has been held that, the disqualification…
10 April 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Hangquin Huang v. 40-70 Realty LLC, 2026 NY Slip Op. 31773(U), holding that mixing direct and derivative claims in a complaint is no basis for dismissal so long as the individual claims are not mixed, explaining:
Defendants further…
On April 19, 2026, Justice Masley of the New York County Commercial Division issued a decision in Alpha Sense, LLC v. Richards, 2026 NY Slip Op. 31713(U), refusing to seal an AI-generated report regarding an opposing party, explaining:
Under New York law, there is a broad presumption that the public is entitled to access…
On May 28, 2026, the Court of Appeals issued a decision in 111 W. 57th Inv. LLC v. 111 W57 Mezz Inv. LLC, 2026 NY Slip Op. 03376, holding that even where a contract gives a party the right to act in its sole discretion, it still must exercise that discretion in good faith,…
On April 22, 2026, Justice Masley of the New York County Commercial Division issued a decision in Mayer v. Goldner, 2026 NY Slip Op. 31753(U), holding that demand futility in a derivative action must be alleged in the complaint and not just in the opposition to the motion to dismiss, explaining:
Defendants object that…
On April 20, 2026, Justice Bannon of the New York County Commercial Division issued a decision in Mojela v. Interactive Brokers LLC, 2026 NY Slip Op. 31754(U), upholding a conversion claim based on a broker’s unreasonable actions in transferring the plaintiff’s property without her consent, explaining:
A cause of action for conversion requires a…
On April 29, 2026, the Second Department issued a decision in Karp v. Madison Realty Capital, L.P., 2026 NY Slip Op. 02637, holding that questions of fact precluded dismissal based on a release where the release allegedly was procured through economic duress, explaining:
Generally, a valid release constitutes a complete bar to an action…
