Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: March 23, 2020

Upcoming Arguments in the Court of Appeals in April 2020

UPDATE: On April 6, 2020, the Court of Appeals cancelled arguments for the May/June session.

Upcoming arguments in the Court of Appeals in April 2020 that may be of interest to commercial litigators:

  1. Chavez v. Occidental Chemical Corporation, CTQ-2019-3 (to be argued Tuesday April 28) (“Actions—Class Actions—Whether New York law recognizes cross-jurisdictional class action tolling.”)
  2. Trustees of Columbia Univ. v. D’Agostino Supermarkets, APL-2019-89 (to be argued Tuesday April 28) (“Damages–Liquidated Damages–Whether liquidated damages provision of a commercial lease surrender agreement was enforceable.”)
  3. CNH Diversified Opportunities Master Account, L.P. v. Cleveland Unlimited, Inc., APL-2019-31 (to be argued Wednesday April 29) (“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. “)

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Posted in Commercial, Appeals
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