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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: August 25, 2018

Upcoming Arguments in the Court of Appeals in September 2018

Upcoming arguments in the Court of Appeals in September 2018 that may be of interest to commercial litigators:

  1. 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.”)
  2. 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.”)
  3. 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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