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Current Developments in the Commercial Divisions of the
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Posted: February 12, 2015

Court of Appeals Arguments of Interest for the Week of February 16, 2015

Arguments the week of February 16, 2015, in the Court of Appeals that may be of interest to commercial litigators.

  • No. 39: Schoenefeld v. State of New York (To be argued Tuesday, February 17, 2015) (considering the minimum requirements necessary to satisfy New York Judiciary Law § 470, which mandates that a nonresident attorney maintain an “office for the transaction of law business” within the state of New York). The Second Circuit decision certifying the question to the Court of Appeals is available here.
  • No. 44 Beardslee v. Inflection Energy, LLC (To be argued Wednesday, February 18, 2015) (considering whether (1) Under New York Law, and in the context of an oil and gas lease, did the State’s Moratorium amount to a force majeure event and (2) if so, does the force majeure clause modify the habendum clause and extend the primary terms of the leases). The Second Circuit decision certifying the question to the Court of Appeals is available here.
  • No. 46 Faison v. Lewis (To be argued Wednesday, February 18, 2015) (considering whether a statute of limitation can operate to give effect to a void instrument by barring actions for a declaration of its nullity). The Second Department’s decision is available here.
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