Blogs

Monthly Archives: May 2017

Posted: May 30, 2017

When Plaintiffs Sold Bonds Their Tort Claims Automatically Transferred to the Purchaser

On May 15, 2017, Justice Bransten of the New York County Commercial Division issued a decision in One William Street Capital Management L.P. v. U.S. Education Loan Trust IV, LLC, 2017 NY Slip Op. 31079(U), holding that the plaintiffs lacked standing because when they their sold bonds, their tort claims automatically were transferred to the… Read more »

Posted: May 28, 2017

Under AAA Rules, Question of Arbitrability is for Arbitrator in First Instance

On May 23, 2017, Justice Ostrager of the New York County Commercial Division issued a decision in Port Authority of N.Y. & NJ v. 2 World Trade Center LLC, 2017 NY Slip Op. 31121(U), refusing to stay an arbitration because the question of arbitrability was for the arbitrator in the first instance, explaining: It is… Read more »

Posted: May 24, 2017

Questions of Fact Preclude Summary Judgment on De Facto Merger Successor Liability Claims

On May 16, 2017, the First Department issued a decision in Ambac Assurance Corp. v. Countrywide Home Loans, Inc., 2017 NY Slip Op. 03886, holding that questions of fact precluded summary judgment on de facto merger successor liability claims, explaining: Ambac, the insurer of a number of residential mortgage-backed securitizations originated by the Countrywide defendants… Read more »

Posted: May 23, 2017

Court Upholds Jurisdiction Based on Conspiracy

On May 16, 2017, the First Department issued a decision in FIA Leveraged Fund Ltd. v. Grant Thornton LLP, 2017 NY Slip Op. 03887, upholding a decision finding that personal jurisdiction based on conspiracy had been adequately alleged, explaining: The remaining possibility for obtaining jurisdiction over defendants-appellants is conspiracy jurisdiction (see e.g. Lawati v Montague… Read more »