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Posts Categorized: Appeals

Posted: June 28, 2017

Leave to Appeal Granted in Case Involving Effect of New York Choice of Law Clause on Applicability of Borrowing Statute

On June 22, 2017, the Court of Appeals granted leave to appeal in 2138747 Ontario, Inc. v. Samsung C&T Corp., 2017 NY Slip Op. 77845, a case concerning the effect of a broadly-worded New York choice-of-law clause on the applicability of New York’s ‘borrowing statute,” CPLR 202, which in certain circumstances mandates application of a… Read more »

Posted: April 13, 2017

Upcoming Arguments of Interest in the Court of Appeals

Upcoming oral arguments in the Court of Appeals that may be of interest to commercial litigators include the following: To be argued April 26, 2017: Case No. 57: Burlington Insurance v. NYC Transit Auth. (“Insurance–Liability Insurance–Construction of policy–Whether the Appellate Division erred in determining that defendants were additional insureds under plaintiff insurer’s general liability policy… Read more »

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… Read more »

Posted: January 23, 2017

Court of Appeals Grants Leave to Appeal in Case Involving Valuation of Minority Partner’s Interest

On January 10, 2017, the Court of Appeals granted leave to appeal in Congel v. Malfitano, a case involving the valuation of a minority partner’s interest under Partnership Law § 69(2)(c)(II), which entitles a partner who has wrongfully caused the dissolution of a partnership to be paid the “value” of his interest in the partnership… Read more »

Posted: January 3, 2017

Argument of Interest in the Court of Appeals on January 11, 2017

On Wednesday, January 11, 2017, the Court of Appeals will hear oral argument in the following insurance case that may be of interest to commercial litigators: Case No. 11: Lend Lease (US) Construction LMB Inc. v Zurich American Ins. Co. (“Insurance–Builder’s risk policy–Whether the Appellate Division correctly held as a matter of law that tower… Read more »

Posted: December 1, 2016

Court of Appeals Grants Leave to Appeal in Case Regarding Application of Res Judicata to Unasserted Compulsory Counterclaims in Prior Federal Action

On November 22, 2016, the Court of Appeals granted leave to appeal in Paramount Pictures Corp. v. Allianz Risk Transfer AG. The First Department’s decision, which we blogged about here, held that a claim that should have been, but was not, brought as a compulsory counterclaim in a federal court action was barred by the… Read more »

Posted: November 25, 2016

Transcripts and Videos of Arguments in the Court of Appeals for November 2016 Now Available

On November 7, 2016, we noted a case of interest from the oral arguments before the Court of Appeals in November 2016: Stonehill Capital Management, LLC v. Bank of the West (Case No. 191) (argued on Monday, November 14, 2016) (“Contracts–Formation of contracts–Offer and acceptance–Whether defendant bank clearly and unequivocally accepted plaintiffs’ offer to purchase… Read more »

Posted: November 7, 2016

Argument of Interest in the Court of Appeals in November

On Monday, November 14, 2016 at 2 p.m., the Court of Appeals will hear argument in the following case of interest to commercial litigators: Stonehill Capital Management, LLC v. Bank of the West (Case No. 191) (“Contracts–Formation of contracts–Offer and acceptance–Whether defendant bank clearly and unequivocally accepted plaintiffs’ offer to purchase a loan where defendant… Read more »

Posted: October 9, 2016

Arguments of Interest in the Court of Appeals in October

Upcoming oral arguments in the Court of Appeals of interest to commercial litigators include: Flo & Eddie, Inc. v Sirius XM Radio, Inc. (Cal. No. 172) (to be argued Tuesday, October 18, 2016) (“Pleading–Complaint–Whether there is a right of public performance for creators of sound recordings under New York law–If so, what is the nature… Read more »