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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: December 24, 2017

Upcoming Arguments in the Court of Appeals in January

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

  1. Forman v Henkin APL-2016-00222 (to be argued Tuesday, January 2, 2018) (“Disclosure–Discovery and Inspection–Scope of disclosure–social media–whether a personal injury plaintiff may be compelled to produce photographs privately posted on Facebook and authorizations related to plaintiff’s private Facebook messages.”)
  2. Dormitory Authority v Samson Construction APL-2016-00202 (to be argued Thursday, January 4, 2018) (“Negligence–Architect’s Malpractice–Whether Dormitory Authority may pursue a negligence claim against the architect in addition to its breach of contract claim arising out of damages incurred during site excavation for the construction project’s foundation; parties–whether City of New York, a nonparty to the underlying construction contract, can assert a claim as a third-party beneficiary as ultimate end-user of the building to be constructed.”)
  3. Cortlandt Street Recovery Corp. v Bonderman (and three related actions) APL-2017-00014 (to be argued Tuesday, January 9, 2018) (“Parties–Standing–Whether indenture trustee had standing to assert causes of action for breach of contract, fraudulent conveyance, unlawful corporate distribution, unjust enrichment, and based on an alter ego theory; corporations–disregarding the corporate entity–whether complaint sufficiently stated a cause of action under a veil-piercing theory.”)
  4. Paramount Pictures Corporation v Allianz Risk Transfer AG APL-2016-00221 (to be argued Tuesday, January 9, 2018) (“Judgments–Res Judicata–Application of Federal Rule of Civil Procedure 13(A) to New York State court cases; whether a party’s failure to assert a compulsory counterclaim in a prior federal action precluded the party from pursing the counterclaim in a subsequent state court action under the doctrine of res judicata.”)

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