On April 21, 2026, the First Department issued a decision in Cincinnati Terrace Member LLC v. Tartar Krinsky & Drogin LLC, 2026 NY Slip Op. 02369, holding that a contract’s choice of law provision did not govern the statute of limitations for a claim related to the contract, explaining:
We reject the remaining defendants’…
On April 9, 2026, Justice Patel of the New York County Commercial Division issued a decision in Dilascia v. Lemonis, 2026 NY Slip Op. 31505(U), holding that a court may not grant pre-award interest if the arbitrator declines to do so, explaining:
The Arbitrator did not address prejudgment interest in the Award. Pursuant…
On April 9, 2026, Justice Borrok of the New York County Commercial Division issued a decision in Otterbourg P.C. v. Cretella, 2026 NY Slip Op. 31506(U), holding that if claims are subject to arbitration, the proper procedural remedy is a stay pending arbitration, not dismissal, explaining:
With respect to the appropriate procedural disposition, the…
On March 26, 2026, Justice Patel of the New York County Commercial Division issued a decision in Irizarry v. Zelaya, 2026 NY Slip Op. 31254(U), holding that a Notice to Admit cannot be used as a means to discover facts, explaining:
A notice to admit may be served on a party to confirm the…
On April 14, 2026, the First Department issued a decision in T-Mobile USA, Inc. v. Broadcom Inc., 2026 NY Slip Op. 02226, ordering a trial court to reconsider the amount of a bond because it was insufficiently related to the damage that could result from an injunction, explaining:
[T]he amount of the undertaking ($500,000)…
On April 14, 2026, the First Department issued a decision in Prospect Capital Corp. v. Morgan Lewis & Bockius LLP, 2026 NY Slip Op. 02220, holding that a party waived the attorney-client privilege by placing its reliance on counsel’s advice at issue, explaining:
In this legal malpractice case, Supreme Court providently denied plaintiff’s motion…
On April 15, 2026, the Second Department issued a decision in U.S. Bank Trust N.A. v. Congregation Khal Chasidei Skwera, Inc., 2026 NY Slip Op. 02297, holding that a motion to vacate, not a motion for reargument, is the proper way to challenge a decision made on default, explaining:
[A]s the order and judgment…
On April 15, 2026, the Second Department issued a decision in Canzona v. Atanasio, 2026 NY Slip Op. 02243, holding that the fact that the plaintiff owed the defendant money was an insufficient basis for a conversion counterclaim, explaining:
The defendants also failed to establish their prima facie entitlement to judgment as a matter…
On April 16, 2026, the First Department issued a decision in Metropolitan Partners Group Admin., LLC v. Nerney, 2026 NY Slip Op. 02340, holding that a fraud claim was not duplicative of a breach of contract claim because the alleged misrepresentations were collateral to the contract, explaining:
A misrepresentation of present fact, unlike a…
On April 16, 2026, the First Department issued a decision in Glenmede Trust Co., N.A. v. Infinity Q Capital Mgt. LLC, 2026 NY Slip Op. 02330, holding that a person that signs a registration statement is liable for misstatements in it and cannot disclaim that responsibility, explaining:
Potter’s direct liability under section 11 rests…
