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Posts Categorized: Appeals

Posted: October 26, 2018

First Department Affirms Conditional Order Striking Complaint

On October 18, 2018, a unanimous First Department panel affirmed a series of decisions by Justice Eileen Bransten of the New York County Commercial Division in Anderson & Anderson LLP-Guangzhou v North Am. Foreign Trading Corp., 2018 NY Slip Op 06971. Although the primary question before the court was Justice Bransten’s ruling enforcing a conditional… Read more »

Posted: October 8, 2018

No Appeal From Default Judgment; Appellant Should Have Moved to Vacate and Appealed The Denial

On September 28, 2018, the Fourth Department issued a decision in Montanaro v. Weichert, 2018 NY Slip Op. 06354, holding that there is no appeal from a default judgment, explaining: It is well settled that no appeal lies from an order or judgment entered on default, and thus the appeal must be dismissed. Defendants’ remedy was… Read more »

Posted: October 7, 2018

Upcoming Arguments in the Court of Appeals in October 2018

Upcoming argument in the Court of Appeals in October 2018 that may be of interest to commercial litigators: Capital One Taxi Medallion Finance v. Corrigan, APL 2017-00190 (to be argued Thursday, October 11, 2018 (“Suretyship and Guarantee–Action to recover on two guaranties–Line of credit secured by loans to Chicago taxi owners and drivers for the… Read more »

Posted: October 6, 2018

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

On August 25, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in September 2018: Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp., APL-2016-00237 (argued Thursday, September 6, 2018) (“Contracts-Breach or performance of contract-Whether statute of limitations bars a breach of contract action brought more than… Read more »

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 »