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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: January 14, 2014

Court of Appeals Arguments of Interest for the Week of January 13, 2014

Arguments this week in the Court of Appeals that may be of interest to Commercial Division practitioners include:

  • Docket No. 21: Country-Wide Insurance Company v. Preferred Trucking Services Corp. (To be argued on Wednesday, January 15, 2014) (concerning the timeliness of a liability carrier’s disclaimer of coverage based on the insured’s non-cooperation in the defense). See the First Department decision here.
  • Docket No. 24: Melcher v. Greenberg Traurig, LLP (To be argued Wednesday, January 15, 2014) (addressing when plaintiff’s claim for “attorney deceit” under Judiciary Law § 487 accrued and therefore whether the claim was timely under the applicable 3-year statute of limitations). See the First Department decision here.
  • Docket No. 25: QBE Insurance Corporation v. Jinx-Proof Inc. (To be argued Wednesday, January 15, 2014) (concerning whether an insurance carrier’s reservation of rights letters served “as effective written notices of disclaimer” under New York law). See the First Department decision here.
  • Docket No. 27: Landauer Limited v. Joe Monani Fish Co. (To be argued Thursday, January 16, 2014) (addressing whether an English default judgment is enforceable in New York, despite technical deficiencies in service under CPLR 311, where the parties’ contract provided that any disputes would be litigated in English courts and the defendant had actual notice of the English action before the default judgment was entered). See the First Department decision here.
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