Court of Appeals Arguments of Interest for the Week of October 20, 2014

Arguments the week of October 20, 2014, in the Court of Appeals that may be of interest to commercial litigators.

No. 197: Kimso Apartments, LLC v. Gandhi (To be argued Tuesday, October 21, 2014) (considering whether Supreme Court improvidently exercised its discretion in permitting the defendant to “conform the pleadings to the proof” by amending his answer to assert an "intrinsic," but formally unasserted, counterclaim). The Second Department decision is available here.
No. 216: Sierra v. 4401 Sunset Park, LLC (To be argued Wednesday, October 22, 2014) (considering whether insurance company complied with disclaimer requirements of Section 3420(d)(2) of the Insurance Law by providing notice of disclaimer of insurance to insured’s primary insurer, but not directly to the insured). The Second Department decision is available here.
No. 203: Strauss Painting, Inc. v. Mt. Hawley Insurance Company (To be argued Wednesday, October 22, 2014) (considering whether an insured satisfied the policy’s notice requirement by notifying its broker of the claim with the expectation that the broker would notify the carrier). The First Department decision is available here.