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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: November 4, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of October 20, 2014, Now Available

On October 20, 2014, we noted three cases of interest from the oral arguments for the week of October 20, 2014:

  • No. 197Kimso Apartments, LLC v. Gandhi (considering whether Supreme Court improvidently exercised its discretion in permitting the defendant to “conform the pleadings to the proof” by amending his answer to assert an “intrinsic,” but formally unasserted, counterclaim). See the transcript and the video.
  • No. 216: Sierra v. 4401 Sunset Park, LLC (considering whether insurance company complied with disclaimer requirements of Section 3420(d)(2) of the Insurance Law by providing notice of disclaimer of insurance to insured’s primary insurer, but not directly to the insured). See the transcript and the video.
  • No. 203: Strauss Painting, Inc. v. Mt. Hawley Insurance Company (considering whether an insured satisfied the policy’s notice requirement by notifying its broker of the claim with the expectation that the broker would notify the carrier). See the transcript and the video.
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