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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: January 15, 2018

Upcoming Arguments in the Court of Appeals in February

Upcoming arguments in the Court of Appeals in February 2018 that may be of interest to commercial litigators include:

  1. Keyspan Gas East Corporation v. Munich Reinsurance American, Inc., et al. (No. 20) (to be argued Tuesday, February 6, 2018) (“Insurance–Action against Insurer–Coverage–long-term environmental property damage caused by pollution from manufactured gas plants–allocation of risk of loss attributable to a continuous harm occurring, in part, during periods when liability insurance was unavailable in the marketplace–whether the policies at issue contain anti-stacking language requiring an all-sums allocation method.”)
  2. Gilbane Building Co./TDX Construction Corp. v. St. Paul Fire and Marine Ins. Co. (No. 22) (to be argued Wednesday, February 7, 2018) (“Insurance–Duty to Defend and Indemnify–Whether the additional insured clause in the commercial general liability insurance policy at issue covers only those that have a written contract directly with the named insured–interpretation of the additional insurance endorsement in policy covering building construction project; declaratory judgment.”)
  3. Gravano v. Take-Two Interactive Software (No. 23) (to be argued Wednesday, February 7, 2018) (“Civil Rights–Right of Privacy–Whether plaintiff’s allegation that defendant video game maker used plaintiff’s likeness to advertise video game stated a cause of action under Civil Rights Law §§ 50, 51; whether video game and subject images are protected works under the First Amendment.”)
  4. Lohan v. Take-Two Interactive Software (No. 24) (to be argued Wednesday, February 7, 2018) (“Civil Rights–Right of Privacy–Whether plaintiff’s allegation that defendant video game maker used plaintiff’s digital portrait to advertise video game stated a cause of action under Civil Rights Law §§ 50, 51.”)
  5. E.J. Brooks Company v Cambridge Security Seals (No. 26) (to be argued Thursday, February 8, 2018) (“Damages–Measure of Damages–whether, under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment can recover damages that are measured by the costs the defendant avoided due to its unlawful activity; Interest–Prejudgment Interest–whether prejudgment interest under New York Civil Practice Law and Rules § 5001(a) is mandatory where a plaintiff recovers damages as measured by the defendant’s avoided costs.”)
  6. Congel v. Malfitano (No. 30) (to be argued Tuesday, February 13, 2018) (“Partnership–Dissolution—Whether the Appellate Division erred in finding a wrongful dissolution of the partnership which lacked a definite term or particular undertaking (Partnership Law § 62), in awarding counsel and expert fees as part of the damages, in applying minority and marketability discounts to defendant’s partnership interest, and in attributing goodwill to the partnership’s value.”)
  7. Kolchins v. Evolution Markets, Inc. (No. 31) (to be argued Tuesday, February 13, 2018) (“Contracts–Breach or Performance of Contract–Whether the parties’ emails and other correspondence constituted a binding offer and acceptance of an extension of a 2009 employment agreement–whether respondent is entitled to a “production bonus” dependent on active employment at the time of the payment.”)

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