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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 28, 2018

Upcoming Arguments in the Court of Appeals in January 2019

Upcoming arguments in the Court of Appeals in January 2019 that may be of interest to commercial litigators:

  1. 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.”)
  2. 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).”)
  3. 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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