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December 29, 2023 | New York Law Journal

Noncompliance with CPLR 2215: Is Denied Relief Appealable?

May a motion court grant relief to a cross movant who requested relief only in its opposition papers to a motion without having filed the formal notice of cross motion prescribed in CPLR 2215? If the motion court denies the sought relief, is that denial appealable as of right, by leave?
14 minute read
Appellate Division, Second Department: December 29, 2023
Publication Date: 2023-12-29
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown List released on:December 27, 2023

December 28, 2023 | New York Law Journal

Lender Standing: Ending the Staple/Paperclip Divide

A discussion of "Broome Lender LLC v. Empire Broome LLC," a recent decision by the Appellate Division, First Department regarding the proof that a foreclosing lender needs to establish standing following an assignment of the loan.
7 minute read
December 22, 2023 | New York Law Journal

Large Sugar Bowls and Wire Transfers

If you do a lot of business with financial institutions, banks and law firms, you are probably routinely warned about the risks of wire transfers. This article will discuss recommended steps to help avoid your wire transfer from being the target of the unscrupulous, as well as current case law illuminating some issues in the litigation of misdirected and purloined wire transfers.
8 minute read
December 22, 2023 | Litigation Daily

One Last Batch of Litigator of the Week Runners-Up for 2023

We're done shouting for the year, so everybody gets a runner-up spot this week.
7 minute read
Law Journal Press | Digital Book Pennsylvania Commonwealth Court Rules 2024 Authors: View this Book

View more book results for the query "Citibank, N.A."

Appellate Division, Second Department: December 22, 2023
Publication Date: 2023-12-22
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown Lists released on:December 18 & 20, 2023

Appellate Division, First Department: December 21, 2023
Publication Date: 2023-12-21
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appeals & Motions List released on:December 19, 2023

Appellate Division, Second Department: December 20, 2023
Publication Date: 2023-12-20
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Motion List & Order on Application released on:December 18, 2023

December 18, 2023 | New York Law Journal

The TVPA Does Not Preempt State Indemnification and Contribution Claims

Although some courts have concluded that indemnification and contribution claims are available for claims arising under a federal statute only if the statute expressly or impliedly provides for them, other courts have addressed the issue by conducting a traditional preemption analysis. The Second Circuit has not addressed the issue, and district courts within the circuit have taken both approaches. District Judge Jed S. Rakoff of the Southern District of New York recently addressed this issue in the context of the Trafficking Victims Protection Act.
9 minute read
Dagan Investments LLC v. First High-School Educ. Grp. Co. Ltd.
Publication Date: 2023-12-15
Practice Area: Securities Litigation
Industry: Education
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge John G. Koeltl
Attorneys:
For plaintiff:
For defendant:
Case number: 22-CV-3831

Securities Fraud Claims Time-Barred; Misstatements, Omissions Not Alleged

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