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Where There Was No Indication Teaching Hospital Was a State Administrative Agency, Its Contract Decisions Could Not Be Appealed Directly to Appellate Division
Appeals & Motions List released on:March 19, 2024
Court found that coverage exclusion in defendants' insurance tower for insured's securities action was not triggered where prior SEC subpoena was, at best, tangentially related to the action as the subpoena and the action focused on two different types of alleged improper conduct.
Consent Decree Resolved Only RACER's CERCLA Liability as to Plant, Pollutants Therefrom
The court reversed the holding of the District Court that found a SEC investigation did not trigger coverage under a director and officer liability insurance policy.
The court affirmed the decision of the District Court dismissing an unjust enrichment claim on the basis that an existing enforceable contract between the parties precluded plaintiff's ability to bring an unjust enrichment claim.
Appellate Division Lacked Jurisdiction to Hear Direct Appeal from Contract Decision Issued by Public Hospital Designated as "Body Corporate and Politic"
Antitrust claims arising from alleged reverse payment agreements were timely under the statute of limitations where each alleged supracompetitive sale constituted a discrete act that started the limitations period for that sale.
The court held that plaintiff's complaint sufficiently pled that defense costs were covered by defendant excess insurer.
Appellate Division, First Department: March 24, 2022
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