Blogs

Posts Categorized: Appeals

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 »

Posted: November 28, 2018

Law of the Case Doctrine Barred Trial Court from Revisiting its Earlier Decision That Had Been Affirmed on Appeal

On November 27, 2018, the First Department issued a decision in Getty Props. Corp. v. Getty Petroleum Mktg., Inc., 2018 NY Slip Op. 08076, holding that a trial court erred in revisiting its earlier decision that had been affirmed on appeal, explaining: Plaintiffs are correct that our affirmance of the prior judgment awarding prejudgment interest... Read more »

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 »