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
Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes – the Council this summer proposed to amend the Commercial Division Rules (22 NYCRR § 202.70) to clarify the types of insurance-coverage
The Commercial Division Advisory Council (“CDAC”) has recommended a new rule that would introduce the use of Virtual Evidence Courtrooms in the Commercial Division. The proposed Rule 25-a is now under review by the Administrative Board of the Courts (the “Board”). If adopted, the rule would mark another step towards the Commercial Division’s ongoing efforts
When litigants pursue claims against foreign defendants, the question of how to serve them is more than procedural – it’s jurisdictional. As many readers of this blog are aware, CPLR 308 authorizes alternate service methods when traditional methods are shown to be impracticable. A recent decision from Manhattan Commercial Division Justice Margaret A. Chan confirms
A recent decision from the Manhattan Commercial Division reminds us that even substantial and high-profile transactions tied to the state may not be enough to establish personal jurisdiction over an out-of-state defendant. In Zeng v HH Fairchild Holdings, LLC, the court held that a multimillion-dollar sale of surgical gowns to the City of New York during the height of the COVID-19 pandemic was not enough to maintain a breach of contract lawsuit in New York. In short, without a strong legal nexus to the state, long-arm jurisdiction will not reach as far as some plaintiffs might hope.
In Zeng, an out-of-state plaintiff—who had contracted to assist a New Hampshire limited liability company (the “NH Company”) in securing personal protective equipment (PPE) manufactured in China—brought a breach of contract suit against NH Company in New York. The PPE, consisting of 10 million surgical gowns, was ultimately sold by the NH Company to the City of New York. The NH Company moved to dismiss, arguing that the court lacked personal jurisdiction under New York’s long-arm statute.Continue Reading Out-of-State, Out of Luck: Commercial Division Justice Dismisses PPE Suit for Lack of Jurisdiction
On April 29, 2025, the Justice Robert R. Reed of the Commercial Division of the Supreme Court of New York County issued a significant ruling in ACM MCC VI LLC v. Able Liquidation Three, Thomas Rossi, et al., granting a default judgment on liability against defendant Thomas Rossi in a commercial dispute after two