Decision: 2019.11.25 Argument: 2019.10.17 vid. tr. Whether plaintiff trustee’s breach of contract claims were barred by California’s four-year statute of limitations, pursuant to the borrowing statute of CPLR 202; defendant banks alleged to have breached representations and warranties made in connection with the sale of residential mortgage-backed securities pooled in trust; whether claim accrued in…
October Session
Haar v. Nationwide Mutual Fire Ins. Co.
Decision: 2019.11.21 Argument: 2019.10.16 vid. tr. The U.S. Court of Appeals for the Second Circuit certified the following question: “Does New York Public Health Law Section 230(11)(b) create a private right of action for bad faith and malicious reporting to the Office of Professional Medical Conduct?”
Lubonty v. U.S. Bank N.A.
Decision: 2019.11.25 Argument: 2019.10.17 vid. tr. Whether six-year statute of limitations for defendant’s foreclosure action was tolled pursuant to CPLR 204(a) because of plaintiff’s two bankruptcy filings, which invoked the automatic stay under 11 USC § 362(a); limitation of actions; RPAPL 1501(4) action to cancel and discharge mortgage on real property.
Matter of Krug v. City of Buffalo
Decision: 2019.11.26 Argument: 2019.10.24 vid. tr. In a CPLR article 78 proceeding to annul respondent’s denial of petitioner’s request to be defended in a civil action alleging that petitioner police officer assaulted a civilian, whether the denial of petitioner’s request for a defense was arbitrary and capricious; whether conduct occurred while petitioner was acting within…
Matter of Walsh v. New York State Comptroller
Decision: 2019.11.25 Argument: 2019.10.16 vid. tr. In CPLR article 78 proceeding challenging the denial of performance of duty disability retirement benefits under Retirement and Social Security Law § 607-c, whether substantial evidence supports the Comptroller’s determination that petitioner failed to demonstrate that her injuries were the “natural and proximate result of [ ] an act…
Rivera v. State of New York
Decision: 2019.11.25 Argument: 2019.10.24 vid. tr. Whether the Court of Claims properly concluded that the State was not vicariously liable for the actions of a corrections officer; whether corrections officer, who assaulted inmate, was acting outside the scope of officer’s employment; Pleading–Answer–whether the Court of Claims abused its discretion in allowing State to amend its…
Town of Delaware v. Leifer
Decision: 2019.11.21 Argument: 2019.10.16 vid. tr. Action by town to enjoin defendant landowner from holding outdoor festival on his land without applying for a use variance—whether the outdoor festival with presentation of music falls within the zoning code definition of a “theater” prohibited in the town’s Rural District; claimed violations of defendant’s First Amendment rights.