On September 15, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Lexington Insurance Co. v. Sirius America Insurance Co., 2014 NY Slip Op. 32429(U), ruling that a reinsurer was entitled to discovery regarding (1) the reinsured’s settlement of a claim covered by the underlying policy, and (2) the allocation… Read more »
Monthly Archives: September 2014
The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule would require a party responding to a document request to “state with specificity the grounds for any objection to production.” It also would require an affirmative statement concerning whether responsive material… Read more »
On September 22, 2014, the Second Circuit issued a decision in Weiss v. National Westminster Bank PLC, No. 13-1618-CV, discussing the scienter required to state a claim for providing “material support and resources to a terrorist organization in violation of the Antiterrorism Act.” In Weiss, the EDNY dismissed a an Antiterrorism Act claim, holding that such… Read more »
On September 23, 2014, the First Department issued a decision in SSA Holdings LLC v. Kaplan, 2014 NY Slip Op. 06257, affirming the dismissal of a claim for fraudulent concealment. In SSA Holdings, the First Department held that the plaintiff failed to state a claim against the defendants for fraudulent concealment because: [The] defendants had… Read more »
On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sriram v GCC Enterprises, Inc., 2014 NY Slip Op. 32448(U), converting a motion to dismiss based on documentary evidence to one for summary judgment. In Sriram, the defendant moved to dismiss the complaint. The trial court converted the motion… Read more »
We have added to our practice pages the biography and part rules of Justice Linda S. Jamieson of the Westchester County Commercial Division.
On September 10, 2014, Justice Oing of the New York County Commercial Division issued a decision in Advanstar Communications Inc. v. Pollard, 2014 NY Slip Op 32398(U), dismissing on summary judgment a claim for violation of the Stored Communications Act. In Advanstar Communications, an employer alleged misconduct by its former employee. The defendant sought summary… Read more »
Justice Pines of the Suffolk County Commercial Division recently updated her Individual Practices.
We have added to our practice pages the biography and part rules of Justice Martin M. Solomon of the Kings County Commercial Division.
On September 8, 2014, we noted two cases of interest from the oral arguments for the week of September 15, 2014: No. 162: Motorola Credit Corporation v. Standard Chartered Bank (considering certified questions from the Second Circuit on the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52). See the transcript and the… Read more »