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Posts Categorized: Appeals

Posted: August 25, 2018

Upcoming Arguments in the Court of Appeals in September 2018

Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial litigators: Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp., APL-2016-00237 (to be argued Thursday, September 6, 2018) (“Contracts-Breach or performance of contract-Whether statute of limitations bars a breach of contract action brought more than six years… Read more »

Posted: July 23, 2018

New Joint Appellate Division Practice Rules Change Time to Perfect Appeal in First Department From Nine Months to Six

The new Appellate Division Practice Rules (22 NYCRR Part 1250), which come into effect on September 17, 2018, change, among other things, the time to perfect an appeal in the First Department from nine months to “six months of the date of the notice of appeal or order granting leave to appeal.” (22 NYCRR 1250.9… Read more »

Posted: July 21, 2018

Court of Appeals Accepts Certified Questions Regarding Statute of Limitations for Unpaid Interest on Bonds

On June 12, 2018, the Court of Appeals accepted two certified questions from the Second Circuit in Ajdler v Province of Mendoza, No. 17‐2704‐cv: 1. If a bond issuer remains obligated to make biannual interest payments until the principal is paid, including after the date of maturity, do enforceable claims for such biannual interest continue… Read more »

Posted: June 17, 2018

Transcripts and Videos of Arguments in the Court of Appeals for June 2018 Now Available

On May 19, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in June 2018: Ambac Assurance Corporation v. Countrywide Home Loans (No. 79) (argued Wednesday, June 6, 2018) (“Fraud–Fraud in Inducement–Alleged fraudulent inducement to issue financial guaranty insurance policies for residential mortgage-backed securitizations–elements to establish cause of… Read more »

Posted: May 19, 2018

Upcoming Arguments in the Court of Appeals in June 2018

Upcoming argument in the Court of Appeals in June 2018 that may be of interest to commercial litigators: Ambac Assurance Corporation v. Countrywide Home Loans (No. 79) (to be argued Wednesday, June 6, 2018) (“Fraud–Fraud in Inducement–Alleged fraudulent inducement to issue financial guaranty insurance policies for residential mortgage-backed securitizations–elements to establish cause of action for… Read more »

Posted: May 16, 2018

Transcripts and Videos of Arguments in the Court of Appeals for April/May 2018 Now Available

On April 29, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in April/May 2018: Ontario v Samsung (No. 57) (argued Tuesday, April 24, 2018) (“Conflict of Laws — Law Governing Contract Action — in breach of contract action brought by nonresident alleging economic claim that accrued outside… Read more »

Posted: April 9, 2018

Transcripts and Videos of Arguments in the Court of Appeals for March 2018 Now Available

On February 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in March 2018: Skanska USA Building, Inc. v Atlantic Yards B2 Owner, LLC (No. 38) (argued on Tuesday, March 20, 2018) (“Contracts–Breach or Performance of Contract–Construction maintenance contract for construction of high-rise residential tower in the… Read more »