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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: August 25, 2016

Arguments of Interest in the Court of Appeals in September

Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include:

  • Utica Mutual Insurance Company v. Style Management Associates, APL-2015-00169 (to be argued Tuesday, September 13, 2016) (“Subrogation–Right of subrogation–Whether the Style Management defendants were entitled to summary judgment dismissing the complaint as against tem upon the ground that they were not the general contractor on the underlying renovation project even though one of those defendants was listed as the contractor on the work permit.”). See the Second Department decision here.
  • Justinian Capital SPC v. WestLB AG, APL-2015-00231 (to be argued Wednesday, September 14, 2016) (“Contracts–Breach or performance of contract–Fraud–agreement to purchase notes—whether plaintiff’s purported purchase of notes from nonparty bank was sufficient basis for plaintiff to avail itself of the Safe Harbor provision of the champerty statute (Judiciary Law section 489 [1])–if not, whether plaintiff’s acquisition of the notes was champertous.”). See our previous posts on the trial court decision here ; the First Department decision here; and the Court of Appeals’ decision granting leave to appeal here.
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