On April 2, 2026, the First Department issued a decision in Hudson ES LLC v. First Franklin Fin. Corp., 2026 NY Slip Op. 02041, holding that a defendant that is not a party to a PSA still can invoke the PSA’s no-action clause, explaining:
Supreme Court properly dismissed the complaint as barred by §…
On April 2, 2026, the First Department issued a decision in Matter of Perlbinder v. Perlbinder, 2026 NY Slip Op. 02048, holding that a prevailing party can appeal if it received less than all the relief it sought, explaining:
Flouret is an aggrieved party with standing to appeal. A successful party may appeal from…
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Telco Insights, LLC v. Telco Experts, LLC, 2026 NY Slip Op. 31190(U), holding that if the parties to an agreement select an effective date that predates when the contract is signed, the earlier date is binding, explaining:…
On March 24, 2026, Justice Masley of the New York County Commercial Division issued a decision in CRI Holdings Inc. v. Est4te Four Capital LLC, 2026 NY Slip Op. 31197(U), holding that a contract need not be in writing to be binding, explaining:
Though it is true that plaintiffs have not alleged the existence…
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in United States Fire Ins. Co. v. Palin, 2026 NY Slip Op. 31201(U), declining to dismiss an action in favor of a later-filed New Jersey action even though the New Jersey courts refused to dismiss the later-filed action,…
On March 24, 2026, Justice Cohen of the New York County Commercial Division issued a decision in Goanna Capital Private Tech. II LP v. Blair, 2026 NY Slip Op. 31203(U), holding that an agreement by the parties to keep documents confidential was an insufficient ground to seal court records, explaining:
Pursuant to § 216.1(a)…
On March 31, 2026, the First Department issued a decision in Levin v. Salvini, 2026 NY Slip Op. 01918, holding that a liquidated damages clause was an unenforceable penalty, explaining:
Although defendants conceded that plaintiffs’ damages were not readily ascertainable, Supreme Court properly concluded that section 13.1 of the contributors agreement was not enforceable…
On March 20, 2026, Justice Boddie or the Kings County Commercial Division issued a decision in Protalus USA LLC v. Shine Capital Group LLC, 2026 NY Slip Op. 31165(U), holding that usury must be asserted as a defense, not a claim, explaining:
[D]ismissal is granted as to plaintiffs first cause of action seeking to…
On March 20, 2026, Justice Cohen of the New York County Commercial Division issued a decision in EHL Funding LLC v. McFarland, 2026 NY Slip Op. 31128(U), holding that a contract can be enforced even if the original is not available, explaining:
The fact that EHL has not produced the original version of the…
On March 21, 2026, Justice Masley of the New York County Commercial Division issued a decision in Enterprise v. Shvo, 2026 NY Slip Op. 31129(U), holding that a fraud claim cannot be based on a statement of intention to act in the future, explaining:
In the amended complaint, plaintiffs allege that defendants, through Shvo, made…
