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Home Certified Questions (500.27)

Below is a listing of Rule 500.27 certified questions pending before the Court, stating the issue(s) certified and their status. Please call the Clerk's Office if you have any questions.

For those certified questions that proceed to briefing in the normal course, the briefing schedule generally will be: appellant's brief to be filed 60 days after the Court accepts the certification; respondent's brief to be filed 45 days after the date set for the filing of appellant's brief; and a reply brief, if any, to be filed 15 days after the date set for the filing of respondent's brief.

The Court welcomes motions for amicus curiae participation from those qualified and interested in the subject matter of these certified questions. Please refer to Rule 500.23 and direct any questions to the Clerk's Office.


Expressions Hair Design, et al. v Schneiderman, et al.
By order entered December 6, 2017, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

“Does a merchant comply with New York’s General Business Law § 518 so long as the merchant posts the total-dollars-and-cents price charged to credit card users?”

On January 11, 2018, the Court accepted the certified question and set a briefing schedule.

E.J. Brooks Company v Cambridge Security Seals

By order entered June 5, 2017, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:

1. "Whether, under New York law, a plaintiff asserting claims of misappropriation of a trade secret, unfair competition, and unjust enrichment can recover damages that are measured by the costs the defendant avoided due to its unlawful activity."

and

2. "If the answer to the first question is 'yes,' whether prejudgment interest under New York Civil Practice Law and Rules § 5001(a) is mandatory where a plaintiff recovers damages as measured by the defendant's avoided costs."

On June 27, 2017, the Court accepted the certified question and set a briefing schedule.