Daily Archives: Thursday, December 3, 2020

Posted: December 3, 2020

Federal Bankruptcy Law Does Not Preempt Tortious Interference Claim by Non-Debtors

On November 24, 2020, the Court of Appeals issued a decision in Sutton 58 Assoc. LLC v. Pilevsky, 2020 NY Slip Op. 06939, holding that federal bankruptcy law does not preempt tortious interference claims by non-debtors, explaining: In their bid for dismissal of plaintiff’s claims, defendants do not identify any specific Bankruptcy Code provisions that... Read more »

Posted: December 3, 2020

Facts Outside the Complaint Establish Insurer’s Duty to Defend Personal Injury Action

Posted by Bradley J. Nash, Litigation Partner On November 24, 2020, the First Department issued a decision in Wesco Ins. Co. v. Hellas Glass Works Corp., 2020 NY Slip Op 06975, holding that consideration of facts outside the complaint established an insurer’s duty to defend a personal injury action. Affirming the motion court’s decision, which... Read more »