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Current Developments in the Commercial Divisions of the
New York State Courts
Posted: September 21, 2015

Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 7, 2015, Now Available

On September 2, 2015, we noted three cases of interest from the oral arguments for the week of September 7, 2015:

  • Cal. No. 122: Nomura Asset Capital Corp. v. Cadwalader, Wickersham & Taft, LLP (argued Tuesday, September 8, 2015) (“Action against law firm alleging failure to provide appropriate legal advice and the rendering of a legal opinion without performing the necessary due diligence, in connection with the securitization of a pool of commercial mortgage loans; Summary judgment.”) See the transcript and the video.
  • Cal. No. 129: Remet Corp. v. Estate of Pyne (argued Wednesday, September 9, 2015) (“New York State Department of Environmental Conservation (DEC) letter identifying plaintiff as a potentially responsible party, requesting plaintiff to develop, implement and finance a remedial program for a hazardous waste site, and stating that, if plaintiff did not act, DEC would perform the remediation and seek recovery from plaintiff–Whether the Appellate Division correctly held that DEC’s letter did not require plaintiff to take action and, thus, that plaintiff was not entitled to indemnification pursuant to an agreement that limits indemnification to losses arising out of or resulting from actions that plaintiff ‘is required to take under or in connection with any environmental law or environmental permit.'”) See the transcript and the video.
  • Cal. No. 131: The Ministers and Missionaries Benefit Bd. v. Snow (argued Thursday, September 10, 2015) (“Whether a governing-law provision that states that the contract will be governed by and construed in accordance with the laws of the State of New York, in a contract not consummated pursuant to New York General Obligations Law section 5-1401, requires the application of New York Estates, Powers & Trusts Law section 3-5.1(b)(2), a New York statute that may, in turn, require application of the law of another state? If so, whether a person’s entitlement to proceeds under a death benefit or retirement plan, paid upon the death of the person making the designation, constitutes ‘personal property . . . not disposed of by will’ within the meaning of New York Estates, Powers & Trusts Law section 3-5.1(b)(2)?”) See the transcript and the video.
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