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Posts Categorized: Appeals

Posted: April 16, 2014

Order Allowing Defendant’s Proffer To Be Disclosed To His Co-Defendants Not Appealable

On April 14, 2014, the Second Circuit issued a decision in United States v. Doe, Docket No. 14-572, dismissing an appeal from “an oral order of the” EDNY “granting the government’s motion for a protective order that would allow proffer statements made by” defendant Doe “to be disclosed to his codefendants” because the order was not appealable.... Read more »

Posted: April 5, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of March 24, 2014, Now Available

Transcripts and videos of arguments in the Court of Appeals for the week of March 24, 2014, are now available on the Court of Appeals website. On March 22, 2014, we noted three cases of interest from the oral arguments for the week of March 24, 2014: Docket No. 71: Golden v. Citibank, N.A. (concerning whether a... Read more »

Posted: March 30, 2014

Appellant Sanctioned for Submitting Deficient Record on Appeal

On March 27, 2014, the First Department issued a decision in Getty Properties Corp. v. Getty Petroleum Marketing Inc., 2014 NY Slip Op. 02139, sanctioning a defendant that submitted a deficient record on appeal. In Getty Properties, the First Department both denied the defendants’ appeal and sanctioned them for submitting a “deficient” record on appeal,... Read more »

Posted: March 28, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 17, 2014, Now Available

Transcripts and videos of arguments in the Court of Appeals for the week of February 17, 2014, are now available on the Court of Appeals website. On February 10, 2014, we noted two cases of interest from the oral arguments for the week of February 17, 2014: Docket No. 63: Matter of Kapon v. Koch... Read more »

Posted: March 22, 2014

Court of Appeals Arguments of Interest for the Week of March 24, 2014

Arguments the week of March 24, 2014, in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 71: Golden v. Citibank, N.A. (To be argued Tuesday, March 25, 2014) (concerning whether a bank may refuse payment on a cashier’s check on a showing that it received no consideration for issuing the... Read more »

Posted: February 27, 2014

Court of Appeals Agrees to Hear Certified Questions Regarding Application of “Separate Entity Rule” to Post-Judgment Enforcement Proceedings

On January 18, 2014, we posted that in Tire Engineering & Distribution, L.L.C., et al. v. Bank of China Ltd., and Motorola Credit Corp. v. Standard Chartered Bank, the Second Circuit certified questions to the New York Court of Appeals concerning the application of the “separate entity rule” to post-judgment enforcement proceedings under CPLR Article 52. On... Read more »

Posted: February 21, 2014

Transcripts and Videos of Arguments in the Court of Appeals for the Week of February 10, 2014, Now Available

Transcripts and videos of arguments in the Court of Appeals for the week of February 10, 2014, are now available on the Court of Appeals website. On February 10, 2014, we noted one case of interest from the oral arguments for the week of February 10, 2014: Docket No. 24: Melcher v. Greenberg Traurig, LLP... Read more »

Posted: February 10, 2014

Court of Appeals Arguments of Interest for the Weeks of February 10 and 17, 2014

Arguments this month in the Court of Appeals that may be of interest to Commercial Division practitioners include: Docket No. 24: Melcher v. Greenberg Traurig, LLP (To be argued February 14, 2014) (addressing when plaintiff’s claim for “attorney deceit” under Judiciary Law § 487 accrued and therefore whether the claim was timely under the applicable 3-year... Read more »