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Bankruptcy court correctly dismissed adversary proceeding that was essentially an insurance coverage dispute, rendering the matter a non-core proceeding that was also subject to a forum selection clause in the underlying insurance policy.
Appeals & Motions List released on:December 8, 2022
Appeals & Motions List released on:November 17, 2022
Plaintiff Knowingly Accepted Terms of Stipulation; Malpractice Claim Dismissed
Appellate Division, Second Department: February 9, 2022
The court held it had subject matter jurisdiction over all claims though some were common law rather than equitable claims.
In this adversary proceeding, the counterclaims filed by liquidation trustee against former directors and officers of debtor failed to state the necessary elements of breach of duty of care and loyalty because trustee did not plead gross negligence.
Fraud Claims Grounded on Statements After Cargo's Arrival in Israel Survive Dismissal
The court affirmed a decision by the bankruptcy court which rejected certain claims because debtors did not manufacture the sensor that was responsible for claimants' injuries.
Appellate Division, First Department: March 18, 2021
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