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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: 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 at the time action was commenced, in violation of Judiciary Law § 470, renders the action a nullity and requires dismissal of the action without prejudice.”) See the transcript and the video.
  • U.S. National Bank Assoc. v DLJ Mortgage Capital, APL-2017-00115 (argued Wednesday, January 9, 2019) (“Limitation of Actions–Commencement of action after termination of prior action–Where complaint was dismissed because plaintiff failed to satisfy a condition precedent and plaintiff lacked standing to sue, whether CPLR 205(a) applies to allow trustee, which was substituted as plaintiff, to commence a new action; whether trustee may rely on relation-back doctrine of CPLR 203(f).”) See the transcript and the video.
  • U.S. National Bank Assoc. v DLJ Mortgage Capital, APL-2017-00116 (argued Wednesday, January 9, 2019) (“Contracts–Conditions Precedent–Where plaintiff trustee failed to comply with a contractual condition precedent to bringing suit, whether the timely claims were properly dismissed without prejudice to refiling pursuant to CPLR 205(a); limitation of action–commencement of action after termination of prior action.”) See the transcript and the video.
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