Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial litigators:
- Deutsche Bank National Trust Co. v. Flagstar Capital Markets Corp., APL-2016-00237 (to be argued Thursday, September 6, 2018) (“Contracts-Breach or performance of contract-Whether statute of limitations bars a breach of contract action brought more than six years after seller made allegedly false representations and warranties regarding loan underlying residential mortgage-backed securities—contract provision specifying set of conditions that would delay cause of action’s accrual—enforceability of accrual clause.”)
- U.S. National Bank Assoc. v DLJ Mortgage Capital, APL-2017-00116 (to be argued Thursday, September 6, 2018) (“Contracts—Conditions Precedent—Where plaintiff trustee failed to comply with a contractualcondition 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.”)
- U.S. National Bank Assoc. v DLJ Mortgage Capital (3 actions), APL-2017-00115 (to be argued Thursday, September 6, 2018) (“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).”)
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