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May 10, 2022 | New York Law Journal

Realty Law Digest

Scott Mollen discusses an unjust enrichment case, "Swift v. Rappaport," and two landlord-tenant cases, "Schulte Roth & Zabel v. Metropolitan 919 3rd Ave. LLC," and "Rosen v. MF Assoc. of NY."
15 minute read
Barlow v. Skroupa
Publication Date: 2022-04-14
Practice Area: Civil Procedure
Industry: Consulting
Court: Supreme Court, New York
Judge: Justice Lucy Billings
Attorneys:
For plaintiff:
For defendant:
Case number: 651739/2020

Plaintiffs' Fraud, Unjust Enrichment Claims Dismissed for 'Improper Group Pleading'

Appellate Division, First Department: March 31, 2022
Publication Date: 2022-04-04
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: March 31, 2022

Appellate Division, First Department: February 24, 2022
Publication Date: 2022-02-28
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: February 24, 2022

Appellate Division, Second Department: January 12, 2022
Publication Date: 2022-01-14
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

Appellate Division, Second Department: January 12, 2022

December 28, 2021 | Law.com

Update On Bankruptcy Appellate Practice: Part One — Appellate Standing

Recent cases show that appellate courts continue to wrestle with standing, jurisdiction, mootness, excusable neglect and finality, among other things. The following overview, in a series of installments, shows what the courts have been addressing during just the past three years. This first installment will cover appellate standing.
13 minute read
Guerrero v. Club Quarters Mgmt. Co. LLC
Publication Date: 2021-12-17
Practice Area: Employment Litigation
Industry: Hospitality and Lodging
Court: Supreme Court, New York
Judge: Justice Lucy Billings
Attorneys:
For plaintiff: For Plaintiffs: Rachel Feingold Esq. and James E. Murphy Esq. Virginia & Ambinder, LLP, New York, NY.
For defendant: For Defendants: Jennifer M. Horowitz Esq., Epstein Becker & Green P.C., New York, NY.
Case number: 151307/2020

Hotel Workers' Claim Is Viable Under Displaced Building Service Workers Protection Act

Appellate Division, First Department: November 16, 2021
Publication Date: 2021-11-18
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: November 16, 2021

October 25, 2021 | Law.com

Second Circuit Applies Federal Bankruptcy Law, Not Securities Law, In Madoff SIPA Liquidation

The Second Circuit applied federal bankruptcy law when holding that good faith is an affirmative defense.
14 minute read
Columbus Life Ins. Co. v. Wilmington Trust, N.A.
Publication Date: 2021-09-22
Practice Area: Insurance Law
Industry: Insurance
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys:
For plaintiff: Donald L. Gouge, Jr., Donald L. Gouge, Jr., LLC, Wilmington, DE; Michael J. Miller, Joseph M. Kelleher, Philip J. Farinella, Cozen O’Connor, Philadelphia, PA for plaintiff.
For defendant: Kevin G. Abrams, John M. Seaman, Abrams & Bayliss LLP, Wilmington, DE; Harry S. Davis, Robert E. Griffin, Schulte Roth & Zabel LLP, New York, NY; Aislinn K. Affinito, Schulte Roth & Zabel LLP, Washington, DC for defendant.
Case number: D69542

Promissory estoppel and negligent misrepresentation counterclaims failed where holder of stranger-owned life insurance policy could not succeed on a legal claim to require insurer to pay out on the illegal and void policy.

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