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…
On April 17, 2026, Justice Boddie of the Kings County Commercial issued a decision in WHOP, Inc. v. Salisbury, 2026 NY Slip Op. 31693(U), awarding limited spoliation sanctions for negligent destruction of evidence because of limited evidence of prejudice, explaining:
A party that seeks sanctions for spoliation of evidence must show that the party…
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), allowing service by e-mail on persons in the Cayman Islands, explaining:
SPI Energy is a foreign corporation with no current active U.S. operations or…
On April 29, 2026, the Second Department issued a decision in Yong Xu v. 401 Foster Gasoline, Inc., 2026 NY Slip Op. 02692, holding that a defendant was liable for conversion for taking more than half the funds in a joint bank account, explaining:
To establish a cause of action to recover damages for…
On April 23, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Big City Outdoor, LLC v. JTRE 23 WS LLC, 2026 NY Slip Op. 50579(U), reforming a contract on summary judgment based on the parties’ course of performance and the avoidance of absurd results, explaining:
Defendants argue that the…
On April 22, 2026, Justice Reed of the New York County Commercial Division issued a decision in Slice Wireless Servs., LLC v. Yakubov, 2026 NY Slip Op. 50568(U), holding that tax records are discoverable only when they are indispensable, explaining:
Finally, to justify the mandatory disclosure of corporate tax returns a party must establish…
On April 22, 2026, the Second Department issued a decision in Cox v. First Citizens Bancshares, Inc., 2026 NY Slip Op. 02388, holding that a court may grant a declaratory judgment in response to a motion to dismiss, explaining:
Pursuant to CPLR 3001, the supreme court may render a declaratory judgment as to the…
On April 23, 2026, the First Department issued a decision in Anderson v. Lubin, 2026 NY Slip Op. 02440, holding that plaintiffs were not allowed to depose defendants before defendants deposed plaintiffs, explaining:
Supreme Court should have granted defendants’ motion to vacate the compliance conference order so as to preserve their priority in taking…
On April 9, 2026, Justice Masley of the New York County Commercial Division issued a decision in Chaowai 101 AOA LLC v. 101 A of A LLC, 2026 NY Slip Op. 31493(U), holding that the new controlling member of a business was not entitled to pre-change of control privileged communications if they related to…
On April 10, 2026, Justice Bannon of the New York County Commercial Division issued a decision in KHCA Funding LLC v. Versity Invest, LLC, 2026 NY Slip Op. 31536(U), holding that a party may not move to dismiss a claim that was not asserted against it, explaining:
In MOT SEQ 009, Nelson purportedly moves…
