On April 7, 2026, Justice d’Auguste of the New York County Commercial Division issued a decision in Rocco Agostino Landscape & Gen. Contr. Corp. v. City of New York, 2026 NY Slip Op. 31400(U), holding the format of a special master’s report is an improper basis for objecting to the report, explaining:
At the…
On April 6, 2026, Justice Patel of the New York County Commercial Division issued a decision in JLJ Capital LLC v. Churchill Real Estate Holdings LLC, 2026 NY Slip Op. 31389(U), holding that a fraud claim can be based on a false representation of the ability to perform a contract, explaining:
To state a…
On April 6, 2026, Justice Cohen of the New York County Commercial Division issued a decision in BNP Dev. LLC v. 9 DeKalb Fee Owner LLC, 2026 NY Slip Op. 31382(U), holding that even though a term sheet said it was binding, it was at most just an agreement to negotiate in good faith,…
On April 1, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Levy v. Viscogliosi Bros., LLC, 2026 NY Slip Op. 31338(U), dismissing tort claims as duplicative of a contract claim because they arose from the same alleged misconduct, explaining:
A tort claim which merely restates a contract claim…
On April 8, 2026, the Second Department issued a decision in Cinquemani v. Money Source, Inc., 2026 NY Slip Op. 02100, holding that the statute of limitations on a declaratory judgment claim did not start to run until the plaintiff learned that the defendant was repudiating the plaintiff’s rights, explaining:
A declaratory judgment action…
On April 9, 2026, the First Department issued a decision in Kassirer v. Gotlib, 2026 NY Slip Op. 02154, holding that allegations of an oral agreement were insufficient because they failed to describe the material terms of the agreement, explaining:
The court should have granted defendants’ motion to dismiss the breach of contract claim.…
On April 9, 2026, the First Department issued a decision in Air Prods. & Chems., Inc. v. World Energy, LLC, 2026 NY Slip Op. 02150, holding that references to performance or other agreements does not disqualify a guaranty from disposition by summary judgment in lieu of complaint, explaining:
Plaintiff established prima facie entitlement to…
On April 1, 2026, Justice Reed of the New York County Commercial Division issued a decision in 269 W. 87th St. Apt. Corp. v. QSB 267 Prop. Co, LLC, 2026 NY Slip Op. 50450(U), dismissing an unjust enrichment claim for lack of a sufficiently close relationship between the plaintiff and the defendant, explaining:
In…
On April 7, 2026, the First Department issued a decision in KSFB Mgt., LLC v. Goldman Sachs & Co., LLC, 2026 NY Slip Op. 02064, holding that a claim for breach of an NDA failed for lack of specific allegations regarding what confidential information was misused, explaining:
The motion court properly dismissed the first…
On April 7, 2026, the First Department issued a decision in Link Motion Inc. v. DLA Piper LLP (us), 2026 NY Slip Op. 02066, upholding sanctions awarded against counsel and its client for asserting baseless legal malpractice claims, explaining:
The court correctly awarded sanctions pursuant to 22 NYCRR 130-1.1 against plaintiff and Felicello Law…
