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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts
Posted: November 6, 2017

Upcoming Arguments in the Court of Appeals in November

Upcoming arguments in the Court of Appeals in November 2017 that may be of interest to commercial litigators include:

  1. Desrosiers v Perry Ellis Menswear (No. 121) (to be argued Tuesday, November 14, 2017) (“Actions–Class Actions–Whether putative class members were entitled to notice of discontinuance of the action under CPLR 908 despite that the time for the individual plaintiff to move for class certification had expired under CPLR 902.”)
  2. Vasquez v National Securities Corporation (No. 122) (to be argued Tuesday, November 14, 2017) (“Actions–Class Actions–Whether the notice provision of CPLR 908 applies to an action pleaded as a class action but dismissed prior to class certification–notice to putative class of impending dismissal.”)
  3. Nomura Home Equity Loan, Inc. v Nomura Credit & Capital, Inc. (No. 39-Reargument) (to be argued Tuesday, November 14, 2017) (“Contracts–Breach or performance of contract–Residential mortgage-backed securities–Whether the “sole remedy” provision requiring defendant to cure or repurchase mortgage loans not conforming to representations and warranties prohibits plaintiffs from seeking money damages for breach of a contractual provision providing that the contract contains no untrue statements.”)
  4. Global Reinsurance Corp. of America v Century Indemnity Co. (No.124) (to be argued Wednesday, November 15, 2017) (“Insurance–Reinsurance–Whether a per occurrence liability cap in a reinsurance contract limits the total reinsurance available under the contract to the amount of the cap regardless of whether the underlying policy is understood to cover expenses such as, for instance, defense costs.”)
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