Commercial Division Blog
Upcoming Arguments in the Court of Appeals in April 2020
UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session.
Upcoming arguments in the Court of Appeals in April 2020 that may be of interest to commercial litigators:
- Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (to be argued Tuesday April 28) ("Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.")
- Trustees of Columbia Univ. v. D'Agostino Supermarkets, APL-2019-89 (to be argued Tuesday April 28) ("Damages--Liquidated Damages--Whether liquidated damages provision of a commercial lease surrender agreement was enforceable.")
- CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., APL-2019-31 (to be argued Wednesday April 29) ("Secured Transactions--Security Agreements--Whether Supreme Court properly dismissed plaintiffs’ breach of contract claim based on parties’ indenture, which tracked the language of section 316(b) of the Trust Indenture Act of 1939 (15 USC § 77ppp[b]) and provided that bondholder’s right to receive payment or to bring enforcement suit shall not be impaired without holder’s consent; whether collateral trustee was authorized to pursue default remedy of strict foreclosure. ")