Monthly Archives: September 2014

Posted: September 30, 2014

Reinsurer Entitled to Discovery on Reasonableness of Insurer’s Settlement and Allocation Decisions

On September 15, 2014, Justice Scarpulla of the New York County Commercial Division issued a decision in Lexington Insurance Co. v. Sirius America Insurance Co., 2014 NY Slip Op. 32429(U), ruling that a reinsurer was entitled to discovery regarding (1) the reinsured’s settlement of a claim covered by the underlying policy, and (2) the allocation… Read more »

Posted: September 29, 2014

Opportunity to Comment on Proposed Change to Commercial Division Rules

The Office of Court Administration has asked for public comment on another proposed change to the rules of the Commercial Division. The proposed new rule would require a party responding to a document request to “state with specificity the grounds for any objection to production.” It also would require an affirmative statement concerning whether responsive material… Read more »

Posted: September 29, 2014

Claim for Providing Material Support Under Antiterrorism Act Requires Knowing Support of Terrorist Organization, Not Terrorist Activities

On September 22, 2014, the Second Circuit issued a decision in Weiss v. National Westminster Bank PLC, No. 13-1618-CV, discussing the scienter required to state a claim for providing “material support and resources to a terrorist organization in violation of the Antiterrorism Act.” In Weiss, the EDNY dismissed a an Antiterrorism Act claim, holding that such… Read more »

Posted: September 29, 2014

No Claim for Fraudulent Concealment Where no Duty to Disclose

On September 23, 2014, the First Department issued a decision in SSA Holdings LLC v. Kaplan, 2014 NY Slip Op. 06257, affirming the dismissal of a claim for fraudulent concealment. In SSA Holdings, the First Department held that the plaintiff failed to state a claim against the defendants for fraudulent concealment because: [The] defendants had… Read more »

Posted: September 28, 2014

Post-Answer Motion to Dismiss Converted to Motion for Summary Judgment

On September 18, 2014, Justice Emerson of the Suffolk County Commercial Division issued a decision in Sriram v GCC Enterprises, Inc., 2014 NY Slip Op. 32448(U), converting a motion to dismiss based on documentary evidence to one for summary judgment. In Sriram, the defendant moved to dismiss the complaint. The trial court converted the motion… Read more »

Posted: September 27, 2014

Cell Phone Not Within Scope of Stored Communications Act

On September 10, 2014, Justice Oing of the New York County Commercial Division issued a decision in Advanstar Communications Inc. v. Pollard, 2014 NY Slip Op 32398(U), dismissing on summary judgment a claim for violation of the Stored Communications Act. In Advanstar Communications, an employer alleged misconduct by its former employee. The defendant sought summary… Read more »

Posted: September 26, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of September 15, 2014, Now Available

On September 8, 2014, we noted two cases of interest from the oral arguments for the week of September 15, 2014: No. 162: Motorola Credit Corporation v. Standard Chartered Bank (considering certified questions from the Second Circuit on the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52). See the transcript and the… Read more »