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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: June 26, 2020

That Plaintiff Rather Than Defendant Files Stipulation of Settlement Does Not Make Stipulation Ineffective

On May 15, 2020, Justice Sherwood of the New York County Commercial Division issued a decision in Fisher v. Stone, 2020 NY Slip Op. 31732(U), holding that the fact that the plaintiff, rather than the defendant (as required by CPLR 2104), filed a stipulation of settlement did not render the settlement ineffective . . .

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Posted: June 23, 2020

Trust Entitled to Fees in RMBS Put-Back Action Based on Representation and Warranty Breaches

On May 25, 2020, Justice Friedman of the New York County Commercial Division issued a decision in Part 60 Put-Back Litigation, 2020 NY Slip Op. 31693(U), holding that a trustee can obtain attorneys’ fees from a seller in an RMBS put-back action based on representation and warranty breaches, but not deciding whether fees would be available for a failure to notify claim . . .

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