Superior court erred in finding fraudulent transfer claims filed by a bankruptcy litigation trust to be derivative and falling under the definition of a "securities" claim in a corporate insurance policy where such claims only benefitted creditors rather than the company and thus were direct in nature.

Claims arising from defendants' entering into side agreements that purportedly interfered with plaintiff's security interest were dismissed where plaintiff failed to plead facts sufficient to show bad faith or that it induced the entry into the side agreements.

The court granted summary judgment in favor of insureds because they had an indemnity claim under the plain language of the policies.

The court granted a motion for summary judgment in favor of an insured in this case involving excess coverage.

Appellate Division, First Department:December 17, 2019

Breach of Warranty Claims Rejected Where Warranty Did Not Cover Defects in Design of Problematic Fuel Tank

Defective Products Claim Denied on Summary Judgment Where Manufacturer's Warranty Did Not Cover Design Defects

Avoidance of transfer of business opportunity disallowed where opportunity had little or no value at time of transfer and where debtor's financial position meant it had no reasonable expectation of pursuing opportunity.

No Error in Grant of Judgment to Debt Collector Over FDCPA's Breach, Sanctions

Non-profit environmental organization had standing to challenge government's approval of new military base in Okinawa (Murguia, J.)