When does a litigant’s persistence (and perhaps, stubbornness) cross the line into sanctionable conduct? That is the question at the heart of Cortlandt St. Recovery Corp. v. TPG Capital Management, L.P., et al. (Index 651176/2017), a Commercial Division decision by Justice Robert Reed that should give pause to any litigant tempted to keep fighting after
Last fall, I blogged about the challenges of overturning an arbitrator’s award (check out that post here). That case illustrated the difficulties of vacating an award based on a purported erroneous ruling of law. But what if a party seeks to vacate an arbitrator’s award on procedural grounds—specifically, the alleged concealment of evidence?
The recent
As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division that they’re beginning to rival the New York Mets. And that’s coming from a die-hard Mets fan.
As my colleague, Viktoriya Liberchuk, recently blogged, judges in the Commercial Division are quick
When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain discretion to deny a motion for default judgment if the record raises questions about service or if the defendant
Fiduciary duty claims between closely-held business owners are commonplace in litigation before the Commercial Division. A decision last fall from Suffolk County Commercial Division Justice James C. Hudson in Matter of Lehan v Montgomery serves as a professorial primer on the meaning and importance of fiduciary obligations between business partners.
The Dispute
Dix Hills Car
In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties. By its terms, a release is intended to extinguish all claims, both those that are known and unknown to the parties at the time of execution of the agreement. When parties are represented by counsel and agree to a
Background
Manhattan Commercial Division Justice Robert R. Reed recently refused to enforce a settlement agreement purportedly reached by the parties via email in CoPilot Travel, Inc. v. Magstar Capital, LLC, 86 Misc. 3d 1271(A) [Supreme Court, New York County, 2025]. In CoPilot, the defendant Magstar attempted to persuade the court that the parties
The business judgment rule is a common-law principle that generally prohibits courts from questioning the propriety of actions taken by corporate directors and officers, provided those actions are taken in good faith, with honest judgment, and in the lawful and legitimate furtherance of corporate purposes. This doctrine is based on a recognition that courts are
Artificial Intelligence is rapidly influencing the legal profession and remains a hot topic for attorneys and the courts. AI has proven useful for everything from routine administrative tasks to case-analysis summaries. It helps lawyers research quickly, draft faster, and analyze large amounts of information more efficiently. However, as attorneys’ use and reliance on AI increase
Arbitration can be an attractive alternative to the courtroom for any number of reasons. But practitioners should know that arbitration is not the courtroom; parties must be prepared to accept the final award of an arbitrator, even if a court would decide the case differently. As reiterated in the Manhattan Commercial Division’s recent decision, Light