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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.


Ajdler v Province of Mendoza
By order dated May 11, 2018, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:

1. “If a bond issuer remains obligated to make biannual interest payments until the principal is paid, including after the date of maturity (see NML Capital v Republic of Argentina, 17 NY3d 250 [2011]), do enforceable claims for such biannual interest continue to accrue after a claim for the principal of the bonds is time-barred?”

and

2. If the answer to the first question is ‘yes,’ can interest claims arise ad infinitum as long as the principal remains unpaid, or are there limiting principles that apply?

On June 12, 2018, the Court accepted the certified questions and set a briefing schedule.

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 ยง 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.