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Posts Categorized: Appeals

Posted: March 23, 2020

Upcoming Arguments in the Court of Appeals in April 2020

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... 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 »

Posted: October 28, 2019

Transcripts and Videos of Arguments in the Court of Appeals for October 2019 Now Available

On October 17, 2019, we noted a case of interest from the oral arguments before the Court of Appeals in October 2019: Deutsche Bank v Barclays Bank; Deutsche Bank v HSBC Bank USA APL-2018-00169 (Argued on Thursday, October 17, 2019) (Limitation of Actions—What Statute Governs–Whether plaintiff trustee’s breach of contract claims were barred by California’s... Read more »

Posted: October 26, 2019

Court of Appeals Accepts Certified Questions Regarding Cross-Jurisdictional Class Action Tolling

On August 29, 2019, the Court of Appeals accepted two certified questions from the Second Circuit in Tobias Bermudez Chavez v. Occidental Chem. Corp., etc., 2019 NY Slip Op. 78361: (1) whether New York law recognizes ʺcross‐jurisdictional class action tolling,ʺ i.e., tolling of a New York statute of limitations by the pendency of a class... Read more »

Posted: October 17, 2019

Upcoming Arguments in the Court of Appeals in October 2019

Upcoming argument in the Court of Appeals in October 2019 that may be of interest to commercial litigators: Deutsche Bank v Barclays Bank; Deutsche Bank v HSBC Bank USA APL-2018-00169 (Limitation of Actions—What Statute Governs–Whether plaintiff trustee’s breach of contract claims were barred by California’s four-year statute of limitations, pursuant to the borrowing statute of... Read more »