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Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: September 18, 2020

Transcripts and Videos of Arguments in the Court of Appeals for September 2020 Now Available

On March 23, 2020, we noted cases of interest from the oral arguments before the Court of Appeals in April 2020 that, because of the COVID-19 pandemic, finally were argued in September 2019:

  • Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (argued on Wednesday, September 9, 2020) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”). See the transcript and the video.
  • CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., APL-2019-31 (argued on Thursday, September 10, 2020) (“Secured Transactions–Security Agreements–Whether Supreme Court properly dismissed plaintiffs’ breach of contract claim based on parties’ indenture, which tracked the language of section 316(b) of the Trust Indenture Act of 1939 (15 USC § 77ppp[b]) and provided that bondholder’s right to receive payment or to bring enforcement suit shall not be impaired without holder’s consent; whether collateral trustee was authorized to pursue default remedy of strict foreclosure. “). See the transcript and the video.

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Posted in Commercial, Appeals
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