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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: December 23, 2017

Transcripts and Videos of Arguments in the Court of Appeals for November 2017 Now Available

On November 6, 2017, we noted four cases of interest from the oral arguments before the Court of Appeals in November 2017:

  1. Desrosiers v Perry Ellis Menswear (No. 121) and Vasquez v National Securities Corporation (No. 122) (argued on Tuesday, November 14, 2017) (“Actions–Class Actions–Whether putative class members were entitled to notice of discontinuance of the action under CPLR 908 despite that the time for the individual plaintiff to move for class certification had expired under CPLR 902.”) See the transcript and the video.
  2. Nomura Home Equity Loan, Inc. v Nomura Credit & Capital, Inc. (No. 39-Reargument) (argued on Tuesday, November 14, 2017) (“Contracts–Breach or performance of contract–Residential mortgage-backed securities–Whether the “sole remedy” provision requiring defendant to cure or repurchase mortgage loans not conforming to representations and warranties prohibits plaintiffs from seeking money damages for breach of a contractual provision providing that the contract contains no untrue statements.”) See the transcript and the video.
  3. Global Reinsurance Corp. of America v Century Indemnity Co. (No. 124) (argued on Wednesday, November 15, 2017) (“Insurance–Reinsurance–Whether a per occurrence liability cap in a reinsurance contract limits the total reinsurance available under the contract to the amount of the cap regardless of whether the underlying policy is understood to cover expenses such as, for instance, defense costs.”) See the transcript and the video.

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