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Posts Categorized: Appeals

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 »

Posted: February 3, 2019

Upcoming Arguments in the Court of Appeals in February 2019

Upcoming argument in the Court of Appeals in February 2019 that may be of interest to commercial litigators: Ajdler v Province of Mendoza, CTQ-2018-00001 (to be argued Tuesday, February 14, 2019) (“Limitation of Actions—Six-Year Statute of Limitations—Whether four-year prescriptive period set forth in indenture for bonds, rather than six-year statute of limitations generally applicable to... Read more »

Posted: January 27, 2019

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

On December 28, 2018, we noted a case of interest from the oral arguments before the Court of Appeals in January 2019: Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. et al., APL-2018-00005 (argued Wednesday, January 9, 2019) (“Attorney and Client–Unauthorized Practice of Law–Whether failure of plaintiff’s counsel to maintain an in-state office... Read more »

Posted: January 20, 2019

Appeal of Preliminary Injunction Moot Because Act Sought to be Enjoined Already Occurred

On January 17, 2019, the First Department issued a decision in AmBase Corp. v. Spruce Capital Partners LLC, 2019 NY Slip Op. 00352, holding that the appeal of the denial of a preliminary injunctyion was moot because the act sought to be enjoined already had occurred, explaining: Insofar as plaintiffs seek a preliminary injunction, that remedy... Read more »

Posted: December 28, 2018

Upcoming Arguments in the Court of Appeals in January 2019

Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial litigators: Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. et al., APL-2018-00005 (to be argued Wednesday, January 9, 2019) (“Attorney and Client–Unauthorized Practice of Law–Whether failure of plaintiff’s counsel to maintain an in-state office at the... Read more »