Commercial Division Blog: Current Developments in the Commercial Divisions of the New York State Courts

On August 27, 2024, in Novum Energy Trading Inc. v. Transmontaigne Operating Co. L.P., Index No. 655283/2023, Justice Margaret A. Chan found all but one of a defendant’s eight Requests for Admission to be improper. Read More

On September 30, 2024, Justice Joel M. Cohen issued a Decision and Order in Five Star Electric Corp. v. The Trustees of Columbia University et al., Index No. 655947/2018, granting Defendants’ motion to strike Plaintiff’s complaint pursuant to CPLR § 3126. The action arose from a construction project involving a new building at Columbia University. Defendants moved to strike Plaintiff’s complaint and dismiss the case based on Plaintiff’s claimed willful failure to provide discovery as ordered by the Court. The Court agreed, explaining: Read More

On August 27, 2024, Justice Andrew Borrok denied summary judgment to plaintiffs and granted it in part to one defendant in an action to collect on an alleged $9 million loan. The case is Elie Tahari v. Shelly Narkis, Index No. 650671/2021. Read More

On July 11 2024, Justice Andrea Masley resolved various motions concerning the sealing or redaction of documents alleged to contain confidential business information. The case is Jaffrey v. Scaminaci, Index No. 653352/2022. Read More

In an April 19, 2024 order, Justice Andrew Borrok addressed whether communications relating to a joint venture were protected from disclosure under the attorney-client privilege and/or work product protection. Read More

On March 5, 2024, Justice Andrew Borrok granted a motion to compel discovery and declassify certain information marked by the Defendants as “Attorneys’ Eyes Only.” The court in Richmond Global Compass Fund Management GP, LLC, et al. v. Decio Nascimento, et al., Index No. 654190/2021, concluded that Defendants could not limit the provision of certain information solely to the Plaintiff’s attorney even if Defendants feared that the Plaintiff would use that information to tortiously interfere with Defendants’ current and prospective business relations. The Court explained, in part: Read More

On March 6, 2024, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Zuckerbrot v. Gellis Lande, Index No. 655110/2020, rejecting defendant's claim that her production of "screenshots" of electronically stored information (ESI), rather than "native format ESI," from her social media accounts was sufficient, and fashioning a procedure by which recovery of defendant's social media data may be retrieved, explaining: Read More

On March 13, 2024, Justice Joel M. Cohen denied, without prejudice, plaintiffs’ motion to compel a deposition of defendant. The decision in Law Office of Mark. S. Helweil v. Karambelas, Index. No. 159060/2018, explained: Read More

On January 25, 2024, Justice Robert R. Reed granted a motion to quash several subpoenas seeking financial records from third parties as “utterly irrelevant to the action,” rejecting arguments that the requested records supported a defendant’s counterclaim and affirmative defenses. The decision in UKI Freedom LLC v. Organization for the Defense of Four Freedoms For Ukraine, et al., Index No. 158095/2022, noted that the defendant’s counterclaim had previously been dismissed and that the affirmative defenses relied upon by the defendant were too conclusory to support third-party discovery. The Court explained: Read More

On January 20, 2024, Justice Andrea Masley granted a motion requesting in camera review of documents even after a discovery referee had declined to perform an in camera review. The decision in CWCapital Cobalt VR Ltd. v. CWCapital Investments LLC, et al., Index No. 653277/2018, vacated the referee’s order and allowed for in camera review of 35 emails exchanged between lawyers and nonlawyers over which the defendants had claimed attorney-client privilege. In granting the motion, Justice Masley indicated that in camera review has become common practice in the Commercial Division. The Court explained: Read More

On February 1, 2024, Justice Andrea Masley of the New York County Commercial Division, issued a decision in Gerasimowicz v Aslanis, 2024 NY Slip Op 30384(U), Index No. 654322/2013, granting defendants’ motion to preclude plaintiff from calling seven witnesses at trial based on plaintiff’s failure to identify those witnesses despite being repeatedly asked to do so during discovery or pursuant to the Court-ordered pre-trial schedule. The Court rejected plaintiff’s argument that this failure could be cured by permitting the witnesses to be deposed before trial, noting plaintiff’s repeated failure to comply with discovery orders. The Court explained: Read More

On November 27, 2023, in White Oak Commercial Finance, LLC, v. EIA Inc., et al., Index No. 650346/2023, Justice Margaret Chan granted, in part, a motion for an order of protection sought by Defendants after the Plaintiff filed communications subject to Defendants’ attorney-client privilege on the court docket. Defendants had granted Plaintiff access to the entire contents of its email server, before the start of formal discovery, as part of a stipulation resolving an earlier motion for a preliminary injunction. Plaintiff later filed a second motion for preliminary injunction, which included a communication from the email server between some of the individual Defendants and their attorneys. Defendants sought a protective order preventing Plaintiff from reviewing or using any attorney-client communications located on the email server and preserving their attorney-client privilege. Read More

In a Decision and Order, dated October 14, 2023, in O’Connor v. Society Pass, Inc., Index No. 656938/2019, Justice Joel M. Cohen denied defendant’s motion to compel discovery and to strike the Note of Issue. The Court explained: Read More

On September 6, 2023, Justice Jennifer G. Schechter of the New York County Commercial Division issued a decision in PJSC Natl. Bank Trust v Pirogova, Index No. 160130/2020, 2023 NY Slip Op 33050(U) on plaintiff’s motion to compel responses to certain interrogatories and document requests. The Court held in part that, where the defendant claimed to have no documents responsive to certain categories of document requests, that defendant herself must provide a “Jackson Affidavit” attesting to the lack of documents. Specifically, the Court explained: Read More

On July 3, 2023, Justice Andrew Borrok of the New York County Commercial Division issued a decision in Apotex Corp. v. Hospira Healthcare India Private Ltd., 2023 N.Y. Misc. LEXIS 3340, granting defendants’ motion to compel the plaintiff to produce a specific individual for a deposition. The Court had previously denied a motion seeking the same relief without prejudice as premature. The Court now determined that the defendants had sufficiently shown that the individual possessed unique personal knowledge that other deponents and discovery had not been able to provide, explaining: Read More

On July 10, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Kaiping Hong-Ri Garment Co. Ltd. v. Goldfarb, 2023 NY Slip Op 32459(U), striking defendants' answer and entering a default judgment because of defendants' failure to comply with the court's discovery orders, explaining: Read More

On July 13, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Mehra v. Morrisson Cohen LLP, 2023 NY Slip Op 50714(U), holding that substantive time entries in attorney invoices were not privileged and had to be produced by plaintiffs seeking attorneys' fees as part of their damages, explaining: Read More

In an Opinion dated June 20, 2023, in Constantina Bacopoulou DDS PC v. Carnegie Dental PC, Index No. 650010/2022, Justice Andrea Masley granted Plaintiffs’ motion for sanctions against defendants for conduct during a deposition. Justice Masley concluded that defendants’ counsel violated Rules of Professional Conduct 8.4(g), which prohibits lawyers from engaging in conduct that constitutes discrimination or harassment on the basis of, inter alia, sex and Commercial Division rules barring speaking objections at depositions. The Court further appointed a special referee and directed the attorneys, who the Court found contributed to the delay and acrimony in the case, and not the clients, to split the referee’s fees 25% (plaintiffs’ counsel)-75% (defendants’ counsel). As to Defendants’ counsel conduct at the deposition, the Court explained: Read More

On May 31, 2023, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Oldcastle Precast v. Steiner Bldg. N.Y. City LLC, 2023 N.Y. Misc. LEXIS 2675, denying defendants’ motion to vacate the note of issue. In the action, the parties had proceeded in discovery before a special referee, who had decided numerous discovery issues prior to the filing of the note of issue but left certain other issues relating to sanctions and the admissibility of certain expert reports for the Court to decide. The Court rejected defendants’ arguments that the special referee’s failure to decide these issues warranted vacating the note of issue, because those issues could still be addresses on summary judgment or motions in limine or were not preserved. Read More

On May 22, 2023, Jennifer G. Schecter of the New York County Commercial Division issued a decision in LI v. Satsuma USA LLC, 2023 N.Y. Misc. LEXIS 2530. Ruling on multiple discovery-related motions, the Court ruled in relevant part that, while the plaintiff’s response to defendants’ post-deposition demands was untimely, a late response to discovery demands does not result in waiver of objections to palpably improper demands. Read More

In an Opinion, dated April 3, 2023, in Phillips Auctioneers LLC v. Grosso, Index No. 651782/2020, Justice Andrea Masley denied defendant’s motion to depose Nicola Del Roscio as the corporate representative of the Cy Twombly Foundation. The case arose out of a consignment contract between the plaintiff auction house and consignor defendant. The contract provided that plaintiff could withdraw the work at issue if there “is reasonable doubt as to its authenticity, authorship or attribution[]. . .” Plaintiff brought the action to recover an advance, withdrawal fee, and out-of-pocket expenses for the withdrawal of an alleged false artwork by Cy Twombly. Grosso counterclaimed. Grosso deposed David Baum, the Secretary and General Counsel of the Foundation, but argued that he was entitled to depose Del Roscio as well. Grosso claimed that plaintiff’s decision to withdraw the work at issue was principally informed by information from the Foundation and thus Del Roscio’s deposition was necessary. The Court rejected Grosso’s argument, explaining: Read More

In a Decision and Order on Motion, dated March 30, 2023, in Zuckerbrot v. Lande, Index No. 655110/2020, Justice Joel M. Cohen granted in part plaintiffs’ motion concerning various discovery violations by defendant. While noting significant violations, the Court declined, at the current juncture, to impose sanctions, explaining: Read More

On February 21, 2023, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Ninth Space LLC v. Goldman, 2023 N.Y. Misc. LEXIS 706, holding that a motion for summary judgment was premature where a recent Appellate Division decision in the case had necessitated reopening discovery into certain aspects of the case and after the court had granted a motion to compel that discovery. The Court explained: Read More

In a Decision and Order, dated January 30, 2023, in UniLoeb Holdings LLC v. Shamus, Index No. 651136/2022, Justice Andrew Borrok of the New York County Commercial Division denied defendants’ argument that the claims for breach of the Operating Agreement and for an equitable accounting were moot and that it was not required to comply with certain discovery orders because a stay of discovery from non-parties was in place. The Court explained: Read More

On October 4, 2022, Justice Andrew S. Borrok of the New York County Commercial Division issued a decision in 39 West 23rd Street, LLC v. Pizzarotti, LLC, 2022 N.Y. Slip Op. 33356(U), ordering a party to produce its deponents for supplemental depositions, at that party's cost, when that party amended its interrogatory responses concerning its damages after these deponents' depositions already took place, explaining: Read More

In an Opinion, dated September 29, 2022, in Lastinc, LLC v. AECOM USA, Inc., 2022 NY Slip Op 50958(U), Justice Robert R. Reed denied Plaintiff’s request, without prejudice, for the issuance of a judicial subpoena because plaintiff had failed to serve the motion on the City of New York even though the records sought fell within the ambit of CPLR 2307. The Court explained: Read More

On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in 63rd & 3rd NYC LLC v. Starr Indemnity & Liability Co., Index No. 650395/2020, denying, without prejudice, a motion, that was unopposed, requesting that the court issue a judicial subpoena directing a governmental department to produce documents because the movant failed to comply with the motion requirements of CPLR 2307. The Court explained: Read More

On September 6, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Latin Markets Brazil, LLC v. McArdle, 2022 N.Y. Slip Op. 50848(U), denying a discovery motion that was made without leave of court and in violation of the Part Rules and Commercial Division Rules 14 and 24, explaining: Read More

On June 22, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Dragons 516 Ltd. v. GDC 138 E 50 LLC, et al., 2022 N.Y. Slip Op. 50522(U), denying a motion to quash a post-judgment subpoena served on a bank for bank records of a nondebtor, explaining: Read More

On April 28, 2022, the First Department issued a decision in Worldview Entertainment Holdings, Inc. v. Woodrow, 2022 N.Y. Slip Op. 02891, holding that document demands concerning "litigation financing and witness payments" were not relevant to any claim or defense in the case, explaining: Read More

On May 16, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rule 11 to (i) include a preamble emphasizing proportionality and reasonableness in discovery requests, and (ii) allow the court to order the parties to prepare a document at the outset of the case stating "clearly and concisely" the issues in the case and the elements and necessary facts for each claim. Read More

In a Decision and Order dated April 11, 2022, in Lynx Capital Partners of NJ, LLC v. Bayes Capital LLC, 2022 NY Slip. Op. 31214(U), Justice Andrew Borrok granted the plaintiff’s renewed motion for sanctions, struck the defendant’s answer, entered default judgment in plaintiff’s favor, and awarded attorneys’ fees. Read More

On April 21, 2022, Justice Robert R. Reed of the New York County Commercial Division issued a decision in Chen Dongwu v. New York City Regional Center LLC, 2022 N.Y. Slip Op. 50322(U), holding that a notice to admit that seeks admissions concerning "fundamental matters" that do not "dispose of uncontroverted questions of fact" was improper, explaining: Read More

On March 7, 2022, Chief Administrative Judge Lawrence K. Marks signed an administrative order amending Commercial Division Rules 1, 8, 9, 11-c, 11-e, and 11-g to consolidate and modernize rules concerning discovery of electronically stored information (ESI). The crux of the amendments, which become effective on April 11, 2022, is in amended Rule 11-c--which sets out standards for the collection, review, and production of ESI.  Read More

In a Decision dated January 26, 2022, in Tsunis Gasparis LLP v Ring, 2022 NY Slip Op 50070(U), Justice Emerson of the New York Supreme Court, Suffolk County, granted in part defendants’ motion for a protective order and for an order quashing subpoenas served on a CPA firm and banks. Read More

On January 21, 2022, Justice Joel M. Cohen of the New York County Commercial Division issued a decision in Coronado Coal II LLC v. Kinder Morgan Operating L.P., 2022 N.Y. Slip Op. 30253(U), holding that the presence of a confidentiality clause in an agreement is not, without more, sufficient to show that that agreement may be filed under seal, explaining: Read More

On January 11, 2022, Justice Margaret Chan of the New York County Commercial Division issued a decision in Ferreira v. Hudson River Healthcare, Inc., 2022 N.Y. Slip Op. 30084(U), holding that the defendant in an illegal-wage-practices cases was not entitled to disclosure of the plaintiff's smart phones and tablets for forensic imaging, nonpublic social media activity, and diaries, but that the defendant was entitled to the plaintiff's calendar and appointment books, explaining: Read More

Last month, the First Department announced a new pilot program, under which appeals from discovery orders entered in the Commercial Division must be perfected within four months, rather than the typical six months. According to the court, the goal of this pilot program is to "promptly resolve issues involving discovery disputes that should be addressed before a litigation can proceed." To qualify under this pilot program, the order on appeal must involve "exclusively" discovery issues, and the notice of appeal must be dated January 1, 2022 or later. Read More

On December 7, 2021, Chief Administrative Judge Lawrence J. Marks promulgated new Rule 37 of the Commercial Division Rules, which expressly permits the court to order that depositions be held by electronic means--either "upon the consent of the parties" or "upon a motion showing good cause." The new rule, which becomes effective December 15, 2021, lays out the factors the court must consider in deciding whether to order remote depositions over a party's objection--though states that the "safety of the parties and the witness" is the paramount consideration. The new rule also attaches a template protocol for video depositions, and states that no party may challenge the validity of the oath or affirmation administered on the grounds that the court reporter is not a notary in the state in which the witness is located or that the court reporter is not physically present with the witness. New Rule 37 comes on the heels of new Rule 36, which becomes effective today and which permits courts to hold virtual evidentiary hearing and bench trials. But unlike new Rule 36, which states that it "does not address" the issue of when all parties do not consent, new Rule 37 expressly permits the court to order that depositions be held virtually upon a showing of "good cause." New Rule 37 is as follows: Read More

The First Department has announced that, commencing on January 1, 2022, it will institute a Pilot Program to reduce the time within which to perfect interlocutory appeals from the Commercial Division of the Supreme Court from six to four months where the issues on appeal relate exclusively to discovery disputes. The First Department wrote >> Read More

On July 8, 2021, the First Department issued a decision in Sang Cheol Woo v. Spackman, 2021 NY Slip … Read More

On June 2, 2021, the Second Department issued a decision in Kramarenko v. New York Community Hosp., … Read More

On May 10, 2021, Justice Knipel of the Kings County Commercial Division issued a decision in Zelik v… Read More

On March 26, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Imp… Read More

On February 17, 2021, the Second Department issued a decision in Kopelevich & Feldsherova, P.C. … Read More

On February 5, 2021, the Fourth Department issued a decision in M&T Bank Corp. v. Moody's Invs. … Read More

On February 4, 2021, Justice Reed of the New York County Commercial Division issued a decision in 47… Read More

On December 31, 2020, Justice Masley of the New York County Commercial Division issued a decision in… Read More

On December 7, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Azr… Read More

On November 25, 2020, the Second Department issued a decision in Allstar Electronics, Inc. v. R. Sco… Read More

On September 25, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More

On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision i… Read More

On September 8, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More

On September 11, 2020, Justice Borrok of the New York County Commercial Division issued a decision a… Read More

On August 28, 2020, Justice Masley of the New York County Commercial Division issued a decision in S… Read More

On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision regardin… Read More

On April 22, 2020, Justice Knipel of the Kings County Commercial Division issued a decision in Safir… Read More

On June 18, 2020, the First Department issued a decision in Khatskevich v. Victor, 2020 N.Y. App. Di… Read More

On May 15, 2020, Justice Cohen of the New York County Commercial Division issued a decision in J.T. … Read More

On May 21, 2020, the First Department issued a decision in China Dev. Indus. Bank v. Morgan Stanley … Read More

On February 26, 2020, Justice Friedman of the New York County Commercial Division issued a decision … Read More

On January 17, 2020, Justice Borrok of the New York County Commercial Division issued a decision in … Read More

On January 14, 2020, the First Department issued a decision in Beach v. Touradji Capital Mgt., LP, 2… Read More

On December 3, 2019, the First Department issued a decision in Bersin Props., LLC v. Nomura Credit &… Read More

On November 27, 2019, the Second Department issued a decision in Sparakis v. Gozzer Corp., 2019 NY S… Read More

On November 12, 2019, the First Department issued a decision in BEC Capital, LLC v. Bistrovic, 2019 … Read More

On September 19, 2019, Justice Borrok of the New York County Commercial Division issued a decision i… Read More

On August 12, 2019, Justice Cohen of the New York County Commercial Division issued a decision in GC… Read More

On August 6, 2019, Justice Borrok of the New York County Commercial Division issued a decision in Ma… Read More

On August 7, 2019, the Second Department issued a decision in Bronstein v. Charm City Hous., LLC, 20… Read More

On July 1, 2019, Justice Scarpulla of the New York County Commercial Division issued a decision in M… Read More

On June 14, 2019, Justice Masley of the New York County Commercial Division issued a decision in Bor… Read More

On June 7, 2019, the Fourth Department issued a decision in Backer & Assoc., LLC v. PPB Eng'g &a… Read More

On February 26, 2019, the First Department issued a decision in Transasia Commodities Inv. Ltd. v. N… Read More

On December 21, 2018, Justice Ramos of the New York County Commercial Division issued a decision in … Read More

On October 18, 2018, Justice Masley of the New York County Commercial Division issued a decision in … Read More

On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Ei… Read More

On September 28, 2018, Justice Masley of the New York County Commercial Division issued a decision i… Read More

On July 25, 2018, Justice Masley of the New York County Commercial Division issued a decision in Ant… Read More

On July 23, 2018, Justice Scarpulla of the New York County Commercial Division issued a decision in … Read More

On June 8, 2018, Justice Masley of the New York County Commercial Division issued a decision in Kamc… Read More

On May 10, 2018, the First Department issued a decision in Rosengarten v. Born, 2018 NY Slip Op. 034… Read More

On February 15, 2018, the First Department issued a decision in Weingarten v. Braun, 2018 NY Slip Op… Read More

On January 29, 2018, Justice Friedman of the New York County Commercial Division issued a decision i… Read More

On January 17, 2018, the Second Department issued a decision in PAL Envtl. Servs., Inc. v. LJC Disma… Read More

On November 16, 2017, the First Department issued a decision in Matter of Part 60 RMBS Put-Back Liti… Read More

On September 28, 2017, Justice Scarpulla of the New York County Commercial Division issued a decisio… Read More

On October 5, 2017, the First Department issued a decision in Zacharius v. Kensington Publishing Cor… Read More

On August 25, 2017, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More

On August 14, 2017, Justice Scarpulla of the New York County Commercial Division issued a decision i… Read More

On July 27, 2017, Justice Ramos of the New York County Commercial Division issued a decision in Five… Read More

On July 25, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Z… Read More

On June 21, 2017, the Second Department issued a decision in 150 Centreville, LLC v. Lin Associates … Read More

On June 16, 2017, Justice Hudson of the Suffolk County Commercial Division issued a decision in Tric… Read More

On April 12, 2017, the Second Department issued a decision in Mears v. Long, 2017 NY Slip Op. 02782,… Read More

On February 14, 2017, Justice Oing of the New York County Commercial Division issued a decision in N… Read More

On January 18, 2017, Justice Kornreich of the New York County Commercial Division issued a decision … Read More

On January 11, 2017, Justice Oing of the New York County Commercial Division issued a decision in Cu… Read More

On January 17, 2017, the First Department issued a decision in Vandashield Ltd v. Isaacson, 2017 NY … Read More

On December 14, 2016, Justice Oing of the New York County Commercial Division issued a decision in L… Read More

On November 2, 2016, the Second Department issued a decision in Hasan v. 18-24 Luquer St. Realty, LL… Read More

On September 29, 2016, the First Department issued a decision in 21st Century Diamond, LLC v. Allfie… Read More

On August 23, 2016, Justice Bransten of the New York County Commercial Division issued a decision in… Read More

On August 1, 2016, Justice Singh of the New York County Commercial Division issued a decision in Sta… Read More

On June 28, 2016, the First Department issued a decision in Arbor Realty Funding, LLC v. Herrick, Fe… Read More

On May 31, 2016, the First Department issued a decision in Kahn v. Leo Schachter Diamonds, LLC, 2016… Read More

On May 5, 2016, the First Department issued a decision in China Privatization Fund (Del.), L.P. v. G… Read More

On March 10, 2016, the First Department issued a decision in Nussberg v. Tatintsian, 2016 NY Slip Op… Read More

On March 1, 2016, Justice Sherwood of the New York County Commercial Division issued a decision in L… Read More

On December 7, 2015, Justice Bransten of the New York County Commercial Division issued a decision i… Read More

On December 15, 2015, the Court of Appeals issued a decision in Pegasus Aviation I, Inc. v. Varig Lo… Read More

On December 2, 2015, the Second Department issued a decision in 32nd Ave. LLC v. Angelo Holding Corp… Read More

On November 12, 2015, the Second Department issued a decision in Mona & Jack's Clothing, Inc. v. Ola… Read More

On October 29, 2015, the First Department issued a decision in SNI/SI Networks LLC v. Directv, LLC, … Read More

On October 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More

On October 22, 2015, Justice Jaffe of the New York County Supreme Court issued a decision in Genger … Read More

On September 30, 2015, we noted one case of interest from the oral arguments for the week of October… Read More

Upcoming oral arguments in the Court of Appeals the week of October 12, 2015, that may be of interes… Read More

On September 23, 2015, the Second Department issued a decision in Schiano v. Mijul, Inc., 2015 NY Sl… Read More

On August 5, 2015, Justice Ritholtz of the Queens County Commercial Division issued a decision in Al… Read More

On July 28, 2015, Justice Bransten of the New York County Commercial Division issued a decision in B… Read More

On August 3, 2015, Justice Singh of the New York County Commercial Division issued a decision in Gli… Read More

On August 11, 2015, the First Department issued a decision in Matter of B&M Kingstone, LLC v. Mega I… Read More

On July 13, 2015, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

On June 3, 2015, Justice Bransten of the New York County Commercial Division issued a decision in CP… Read More

On June 11, 2015, the First Department issued a decision in AJ Holdings Group, LLC v. IP Holdings, L… Read More

On April 28, 2015, the First Department issued a decision in Peters v. Peters, 2015 NY Slip Op. 0348… Read More

On March 4, 2015, Justice Bransten of the New York County Commercial Division issued a decision in V… Read More

On February 25, 2015, the Second Department issued a decision in Portilla v. Law Offices of Arcia & … Read More

On January 26, 2015, Justice Kornreich of the New York County Commercial Division issued a decision … Read More

On December 11, 2014, the Third Department issued a decision in BDS Copy Inks, Inc. v. International… Read More

On December 11, 2014, the First Department issued a decision in Kramer v. Geldwert, 2014 NY Slip Op.… Read More

On November 21, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More

On September 8, 2014, Justice Whelan of the Suffolk County Commercial Division issued a decision in … Read More

On September 18, 2014, the First Department issued a decision in MSCI Inc. v. Jacob, 2014 NY Slip Op… Read More

On September 2, 2014, Justice Schweitzer of the New York County Commercial Division issued a Decisio… Read More

On August 28, 2014, Justice Bransten of the New York County Commercial Division issued a decision in… Read More

On August 4, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision i… Read More

The Chief Administrative Judge has signed an order adding a new rule regarding the discovery of elec… Read More

On July 16, 2014, Justice Schweitzer of the New York County Commercial Division issued a decision in… Read More

On July 17, 2014, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More

The Chief Administrative Judge has signed orders (1) amending the rules regarding the assignment of… Read More

On July 9, 2014, the Second Department issued a decision in Ferolito v. Arizona Beverages USA, LLC, … Read More

On June 30, 2014, Justice Destefano of the Nassau County Commercial Division issued a decision in Va… Read More

On June 23, 2014, Justice Bransten of the New York County Commercial Division issued a decision in A… Read More

On June 20, 2014, the Fourth Department issued a decision in Resetarits Construction Corp. v. Olmste… Read More

On June 10, 2014, the First Department issued a decision in Arkin Kaplan Rice LLP v. Kaplan, 2014 NY… Read More

On June 5, 2014, a divided panel of the First Department issued a decision in Pegasus Aviation I, In… Read More

On May 22, 2014, the First Department issued a decision in Lerner v. Prince, 2014 NY Slip Op. 03763,… Read More

On May 13, 2014, Justice Connolly of the Albany County Supreme Court issued a decision in Airbnb, In… Read More

The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More

On April 3, 2014, the Court of Appeals issued a decision in Matter of Kapon v. Koch, 2014 NY Slip Op… Read More

The Office of Court Administration has asked for public comment on another proposed change to the ru… Read More

On March 19, 2014, the Second Department issued a decision in Born to Build, LLC v. Saleh, 2014 NY S… Read More

The Office of Court Administration has asked for public comment on yet another proposed change to th… Read More

The rules of the Commercial Division change from time-to-time. Currently, there are four proposed ru… Read More

On December 5, 2013, Justice Sherwood of the New York County Commercial Division issued a decision i… Read More

On December 10, 2013, the First Department issued a decision in GoSMILE, Inc. v. Levine, 2013 NY Sli… Read More

On December 4, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More

On November 8, 2013, Justice Schweitzer of the New York County Commercial Division issued a decision… Read More

On November 12, 2013, Justice Bransten of the New York County Commercial Division issued a decision … Read More

Although our main focus is on Commercial Division opinions, many non-Commercial Division rulings wil… Read More

On October 21, 2013, Justice Bransten of the New York County Commercial Division issued a decision i… Read More

On October 3, 2013, Justice Friedman of the New York County Commercial Division held in Roberts v. K… Read More

On October 3, 2013, Justice Kornreich of the New York County Commercial Division issued a decision i… Read More

On October 7, 2013, we noted that on September 10, 2013, the Court of Appeals heard argument in Merr… Read More

On September 10, 2013, the Court of Appeals heard argument in Merrill Lynch, Pierce, Fenner & Sm… Read More