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Posts Categorized: Appeals

Posted: October 12, 2020

Upcoming Arguments in the Court of Appeals in October 2020

Upcoming arguments in the Court of Appeals in October 2020 that may be of interest to commercial litigators: Chen v. Ins. Co. of the State of Pennsylvania. (No. 77) APL-2019-118 (to be argued Wednesday, October 14) (“Contracts—Waiver– Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment; Motions–Reargument... Read more »

Posted: September 18, 2020

Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available

On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019: Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (argued on Wednesday, September 9, 2020) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”).... Read more »

Posted: May 7, 2020

Transcripts and Videos of Arguments in the Court of Appeals for March 2020 Now Available

On March 16, 2020, we noted a case of interest from the oral arguments before the Court of Appeals in March 2020: American International Specialty Lines Ins. Co. v. Allied Capital Corp. (No. 23) APL-2019-0040 (Argued on Tuesday, March 17) (“Arbitration—Award in Excess of Arbitrator’s Powers—Whether the arbitration panel exceeded its authority when it reconsidered... Read more »

Posted: March 23, 2020

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.”)... Read more »

Posted: March 20, 2020

Court of Appeals Accepts Certified Question Regarding The Showing a Defendant Must Make to Render Inadequate the Plaintiff’s Proof of Compliance with RPAPL § 1304

On February 13, 2020, the Court of Appeals accepted two certified questions from the Second Circuit in CIT Bank v. Schiffman: “(1) Where a foreclosure plaintiff seeks to establish compliance with RPAPL [Real Property Actions and Proceedings Law] § 1304 through proof of a standard office mailing procedure, and the defendant both denies receipt and... Read more »

Posted: March 16, 2020

Upcoming Arguments in the Court of Appeals in March 2020

Upcoming argument in the Court of Appeals in March 2020 that may be of interest to commercial litigators: American International Specialty Lines Ins. Co. v. Allied Capital Corp. (No. 23) APL-2019-0040 (to be argued Tuesday, March 17) (“Arbitration—Award in Excess of Arbitrator’s Powers—Whether the arbitration panel exceeded its authority when it reconsidered the partial final... Read more »

Posted: February 24, 2020

Transcripts and Videos of Arguments in the Court of Appeals for February 2020 Now Available

On January 31, 2020, we noted a case of interest from the oral arguments before the Court of Appeals in February 2020: Plavin v Group Health Insurance, CQ 19-02 (Argued on Tuesday, February 11) (“Consumer Protection -Deceptive Acts and Practices–Whether defendant insurance company’s marketing materials to prospective enrollees of group health insurance plan violated General... Read more »

Posted: January 31, 2020

Upcoming Arguments in the Court of Appeals in February 2020

Upcoming arguments in the Court of Appeals in February 2020 that may be of interest to commercial litigators: Plavin v Group Health Insurance, CQ 19-02 (to be argued Tuesday, February 11) (“Consumer Protection -Deceptive Acts and Practices–Whether defendant insurance company’s marketing materials to prospective enrollees of group health insurance plan violated General Business Law §§... Read more »

Posted: November 15, 2019

Non-Appealing Defendants Entitled to Benefit of Appealing Defendant’s Successful Appeal

On September 6, 2019, Justice Grays of the Queens County Commercial Division issued a decision in Glaubach v. Slifkin, 2019 NY Slip Op. 33242(U), holding that non-appealing defendants were entitled to the benefit of an appealing defendant’s successful appeal, explaining: A non-appealing defendant may renew a motion to dismiss the complaint insofar as asserted against... Read more »

Posted: November 8, 2019

Upcoming Arguments in the Court of Appeals in November 2019

Upcoming argument in the Court of Appeals in November 2019 that may be of interest to commercial litigators: Centi v. McGillin, APL-2018-00114 (to be argued Wednesday, November 20) (“Contracts—Illegal Contracts—Dispute over money accumulated from illegal bookmaking business—whether loan agreement involving funds is enforceable.”) Click here to subscribe to this or another of Schlam Stone &... Read more »