Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial litigators:
- Arrowhead Capital Finance, Ltd. v. Cheyne Specialty Finance Fund L.P. et al., APL-2018-00005 (to be 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.”)
- U.S. National Bank Assoc. v DLJ Mortgage Capital, APL-2017-00115 (to be 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).”)
- U.S. National Bank Assoc. v DLJ Mortgage Capital, APL-2017-00116 (to be 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.”)
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