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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: February 28, 2017

Arguments of Interest in the Court of Appeals in March 2017

Upcoming arguments in the Court of Appeals of interest to commercial litigators in March 2017 include the following:

  • Nomura Home Equity Loan, Inc. v. Nomura Credit & Capital, Inc. (to be argued Wednesday, March 22) (“Contracts–Breach or performance of contract–Residential mortgage-backed securities—Whether the “sole remedy” provision requiring defendant to cure or repurchase mortgage loans not conforming to representations and warranties prohibits plaintiffs from seeking money damages for breach of a contractual provision providing that the contract contains no untrue statements.”). See our post about the First Department’s decision here.
  • Connaughton v. Chipotle Mexican Grill (to be argued Tuesday, March 28) (“Fraud–Fraud in the inducement–Whether plaintiff, a chef who entered into an at-will employment relationship with defendants, adequately alleged a cause of action for fraudulent inducement based upon defendants’ “superior knowledge” of previous business dealings that they withheld from plaintiff to induce him to accept their offer of employment, and whether he sufficiently alleged damages.”). See our post about the First Department’s decision here.
  • Carlson v. AIG (to be argued Tuesday, March 28) (“Whether the appellate division erred in holding that the insurance policy was not ‘issued or delivered’ in New York, thus precluding plaintiff from bringing suit against tortfeasor’s insurance company under insurance law § 3420 (a) (2); automobile insurance–cartage agreement between defendant DHL express (USA) and defendant MVP Delivery and Logistics, Inc.–whether MVP vehicle driven by tortfeasor during the underlying motor vehicle accident was a vehicle ‘hired’ by DHL and thus covered under its automobile insurance.”). See the Fourth Department’s decision here.
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