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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 8, 2014

Court of Appeals Arguments of Interest for the Weeks of September 8, 2014 and September 15, 2014

Arguments the weeks of September 8, 2014 and September 15, 2014, in the Court of Appeals that may be of interest to commercial litigators.

  • No. 156Ellington v. EMI Music Inc. (To be argued Thursday, September 11, 2014) (regarding the interpretation of the provisions of a royalty agreement between the family of Duke Ellington and music publishers concerning the allocation of revenues from foreign publication of Ellington’s music). See First Department decision here.
  • No. 162: Motorola Credit Corporation v. Standard Chartered Bank (To be argued Tuesday, September 16, 2014) (considering certified questions from the Second Circuit on the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52). See Second Circuit decision here. See our previous posts about the Second Circuit decision and the Court of Appeals decision accepting the certified questions here and here.
  • No. 165: Grace v. Law (To be argued Wednesday, September 17, 2014) (regarding whether a party who voluntarily discontinues an underlying action and forgoes an appeal thereby abandons his or her right to pursue a claim for legal malpractice). See Fourth Department decision here.
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