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Posts Categorized: Appeals

Posted: November 9, 2017

Transcripts and Videos of Arguments in the Court of Appeals for October 2017 Now Available

On October 3, 2017, we noted a case of interest from the oral arguments before the Court of Appeals in October 2017: Davis v Scottish Re Group Limited (No. 111) (argued on Tuesday, October 10, 2017) (“Corporations–Merger–Action by minority shareholder asserting both direct and derivative causes of action arising out of allegedly undervalued cash-out merger… Read more »

Posted: November 6, 2017

Upcoming Arguments in the Court of Appeals in November

Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial litigators include: Desrosiers v Perry Ellis Menswear (No. 121) (to be argued Tuesday, November 14, 2017) (“Actions–Class Actions–Whether putative class members were entitled to notice of discontinuance of the action under CPLR 908 despite that the time for… Read more »

Posted: October 18, 2017

Court of Appeals Grants Leave to Appeal in Case Involving Enforceability of Deed Covenant to Provide Free Electricity

On October 17, 2017, the Court of Appeals granted leave to appeal in Niagara Mohawk Power Corp. v. Allied Healthcare Products, Inc. The case concerns the enforceability of a deed covenant requiring the provision of free electrical power to mills located on a related parcel owned by the defendant. We previously blogged about the Third… Read more »

Posted: October 3, 2017

Upcoming Arguments in the Court of Appeals in October

Upcoming argument in the Court of Appeals that may be of interest to commercial litigators include: Davis v Scottish Re Group Limited (No. 111) (to be argued Tuesday, October 10, 2017) (“Corporations–Merger–Action by minority shareholder asserting both direct and derivative causes of action arising out of allegedly undervalued cash-out merger that unfairly prejudiced minority shareholders;… Read more »

Posted: October 1, 2017

Transcripts and Videos of Arguments in the Court of Appeals for September 2017 Now Available

On August 11, 2017, we noted three cases of interest from the oral arguments before the Court of Appeals in September 2017: Princes Point v. Muss Development (argued on Tuesday, September 5, 2017) (“Vendor and Purchaser–Contract for Sale of Real Property–Whether prospective purchaser of real property commits anticipatory breach of contract by commencing an action… Read more »

Posted: August 11, 2017

Upcoming Arguments in the Court of Appeals in September

Upcoming arguments in the Court of Appeals that may be of interest to commercial litigators include: Princes Point v. Muss Development (to be argued Tuesday, September 5, 2017) (Vendor and Purchaser–Contract for Sale of Real Property–Whether prospective purchaser of real property commits anticipatory breach of contract by commencing an action against sellers for rescission of… Read more »

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 »