Arguments the week of March 23, 2015, in the Court of Appeals that may be of interest to commercial litigators.
- No. 62: Malay v City of Syracuse (To be argued Wednesday, March 25, 2015) (considering whether a prior federal action was terminated within the meaning of CPLR 205(a) when the “federal district court dismissed plaintiff’s federal and state claims, where plaintiff took an appeal to the federal court of appeals and filed the second action in state court while the appeal was pending, although the federal appeal was later dismissed for failure to prosecute.”
- No. 49 Financial Guaranty Corp. v Goldman, Sachs & Co. (To be argued Thursday, March 26, 2015) (considering whether whether a plaintiff failed to “establish justifiable reliance as a matter of law because plaintiff did not plead that it exercised due diligence by inquiring about the nonpublic information regarding the hedge fund with which it was in contract prior to issuing the financial guaranty, or that it inserted the appropriate prophylactic provision to ensure against the possibility of misrepresentation”). The First Department’s decision is available here.