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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: October 12, 2020

Upcoming Arguments in the Court of Appeals in October 2020

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

  1. Chen v. Ins. Co. of the State of Pennsylvania. (No. 77) APL-2019-118 (to be argued Wednesday, October 14) (“Contracts—Waiver– Whether excess insurer defendant waived argument relating to its obligation to cover interest on personal injury judgment; Motions–Reargument or Renewal–Whether Supreme Court properly granted reargument to consider interest issue; Insurance–Construction of Policy–Whether Supreme Court properly interpreted excess insurance policy.”)
  2. DiLorenzo v. Windermere Owners. (No. 78) APL-2019-132 (to be argued Wednesday, October 14) (“Landlord and Tenant–Rent Regulation–Whether defendants, original and successor owner of residential building, substantiated defendants’ claims that they made sufficient expenditures for individual apartment improvements, thereby rendering subject apartment exempt from rent stabilization; whether plaintiff waived claim regarding useful life of improvements. “)
  3. Sutton v Pilevsky. (No. 80) APL-2019-28 (to be argued Thursday, October 15) (“United States—Federal Preemption– Whether plaintiff’s state law claims are preempted by
    federal law; sole damages sought by plaintiff were losses resulting from the delay of a real estate project due to bankruptcy filing of two nonparty entities.
  4. Trustees of Columbia Univ. v. D’Agostino Supermarkets. (No. 40) APL-2019-89 (to be argued Thursday, October 15) (“Damages–Liquidated Damages–Whether liquidated damages provision of a commercial lease surrender agreement was enforceable.

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