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Motion to Dismiss NY Supreme Court

Goldberg Segalla

Putty Manufacturer and Talc Disturber’s Motion to Dismiss on Causation Grounds Denied

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Court: Supreme Court of New York, New York County (NYCAL) - In this asbestos action, plaintiff Jennifer Peganis alleged take-home exposure to asbestos from laundering her husband’s work clothing. Defendant Donald Durham...more

McGlinchey Stafford

The Court Sua Sponte Retroactively Applies FAPA to Dismiss Foreclosure

McGlinchey Stafford on

On July 31, 2024, the New York Supreme Court, Appellate Division: Second Department reversed the trial court’s denial of borrowers’ motion to dismiss a foreclosure action filed prior to the enactment of the Foreclosure Abuse...more

Goldberg Segalla

Appellate Division Reverses Denial of Door Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department - In July 2023, the trial court denied a door manufacturer’s motion to dismiss. Upon appeal, the Supreme Court, Appellate Division, First Department found...more

Goldberg Segalla

Glove Manufacturer’s Renewed Motion to Dismiss Based Upon Lack of Personal Jurisdiction Denied

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Court: Supreme Court of New York, New York County - Defendant Steel Grip Inc. (SGI) filed a renewed motion to dismiss following the completion of jurisdictional discovery on the basis that it lacked any connection to the...more

Proskauer Rose LLP

Liability Management – Vaccine or Pandemic? Private Credit Restructuring Year in Review

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Once again, we reflect on the prior year for restructuring trends impacting private credit lenders. Last year it was all about “liability management”—the latest trend in which the limits of sponsor-favorable loan documents...more

Proskauer Rose LLP

Boardriders: Minority Lenders Win Round One

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A common yet contentious liability management strategy is an “uptier” transaction, where lenders holding a majority of loans or notes under a financing agreement seek to elevate or “roll-up” the priority of their debt above...more

Goldberg Segalla

First Department Reverses Denial of Valve Manufacturer’s Motion to Dismiss

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Supreme Court of New York, Appellate Division, First Department, June 7, 2022 - In this asbestos case, Crosby Valve LLC (“Crosby”) appealed a June 2021 decision from the New York Supreme Court, New York County, which...more

Goldberg Segalla

Court Grants Equipment Manufacturer’s Motion to Dismiss for Lack of Personal Jurisdiction and Denies Plaintiffs’ Request for...

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State of New York, Supreme Court, County of Monroe, May 16, 2022 - Plaintiffs John and Jayne Gaub commenced an asbestos-related lawsuit on February 22, 2021, against several defendants, including Textron, Inc., sued...more

A&O Shearman

New York State Supreme Court Grants In Part Motion To Dismiss Securities Act Claims, Holding That Plaintiffs Did Not Adequately...

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On March 9, 2020, Justice Andrew Borrok of the Supreme Court of the State of New York, New York County, Commercial Division, granted in part a motion to dismiss a putative securities class action asserting claims under...more

Polsinelli

BitBlog Weekly Summary: Digital Asset Regulations in New York State

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This week saw two items of note in the regulation of digital assets and both came out of the state of New York. The Return of the Empire State - A New York State Supreme Court ruled that it has personal and subject...more

Jones Day

New York Commercial Division Imposes PSLRA Discovery Stay in Securities Act Class Action

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A recent decision by the New York Commercial Division held that the Private Securities Litigation Reform Act's automatic stay of discovery pending a motion to dismiss applies to Securities Act claims pursued in state court,...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Justices Provide Dueling Approaches to Discovery Stays in State Court Securities Litigation

In In re Everquote, Inc. Securities Litigation, 2019 N.Y. Slip Op. 29242, No. 651177/2019, 2019 WL 3686065 (Sup. Ct. N.Y. Cnty. Aug. 7, 2019), Justice Andrew Borrok of the New York County Commercial Division stayed discovery...more

Farrell Fritz, P.C.

Personal Jurisdiction Over Japanese Airplane Entities Does Not Fly in New York County

Farrell Fritz, P.C. on

In a recent decision, Justice Scarpulla of the New York County Commercial Division declined to exercise personal jurisdiction over several Japanese entities, and even imposed sanctions on the plaintiff for attempting to...more

McDermott Will & Emery

McDermott Defeats New York False Claims Act Case Alleging Starbucks Failed to Collect and Remit Sales Tax

On April 9, 2018, the New York State Supreme Court granted Starbucks’ motion to dismiss claims that it had failed to collect more than $10 million of sales tax at its New York stores. Lawyers from McDermott’s State and Local...more

Farrell Fritz, P.C.

Answer the Phone, Win a Trip to New York?

Farrell Fritz, P.C. on

If you live in the Western Hemisphere, then you already know that New York courts may exercise personal jurisdiction over a nondomiciliary who transacts business in New York if the plaintiff’s claim arises from the...more

Orrick - Finance 20/20

RMBS Suit to Proceed Against Morgan Stanley

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On June 16, 2016, Justice Marcy S. Friedman of the Supreme Court of the State of New York largely denied Morgan Stanley’s motion to dismiss a breach of contract action brought by RMBS trustee Wilmington Trust Company. The...more

Orrick - Finance 20/20

Justice Friedman of the New York Supreme Court Dismisses Two FHFA Repurchase Actions

On April 12, 2016, Justice Marcy Friedman of the New York Supreme Court granted motions to dismiss in two RMBS breach of contract actions filed by FHFA against Morgan Stanley ABS Capital I Inc. (“MSAC”) and Morgan Stanley...more

Orrick - Finance 20/20

Repurchase Action Against Natixis Real Estate Holdings, LLC Survives Motion to Dismiss

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On July 1, Justice Marcy Friedman of the Supreme Court of New York for New York County denied Natixis Real Estate Holdings, LLC’s (“Natixis”) motion to dismiss a repurchase action brought by Wells Fargo Bank, N.A., and...more

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