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. |
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LICCI v LEBANESE CANADIAN BANK, SAL, et al.:
By order entered March 5, 2012, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:
"(1) Does a foreign bank's maintenance of a
correspondent bank account at a financial
institution in New York, and use of that
account to effect 'dozens' of multimillion
dollar wire transfers on behalf of a foreign
client, constitute a 'transact[ion]' of
business in New York within the meaning of
N.Y. C.P.L.R. § 302(a)(1)?
(2) If so, do the plaintiffs' claims under
the Anti-Terrorism Act, the ATS, or for
negligence or breach of statutory duty in
violation of Israeli law, 'aris[e] from'
LCB's transaction of business in New York
within the meaning of N.Y. C.P.L.R.
§ 302(a)(1)?"
On March 29, 2012, the Court accepted the questions. |
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JOSEPH v ATHANASOPOULOS, et al.:
By order entered August 5, 2011, the United States Court of Appeals for the Second Circuit certified the following question to this Court:
"When a plaintiff brings a discrimination
claim before the New York State Division of Human Rights ("DHR") and commences an untimely Article 78 proceeding challenging the DHR's adverse determination of that claim, does the state court's dismissal of the Article 78 proceeding pursuant to the time limitations set forth in N.Y. Exec. Law § 298 amount to an adjudication 'on the merits' for res judicata purposes, such that the plaintiff cannot litigate her claim in another jurisdiction with a longer, unexpired limitations period?"
On September 15, 2011, the Court accepted the certified question. On March 29, 2012, the Court, on its own motion, reconsidered acceptance of the question, and, upon reconsideration, declined acceptance of the certified question. |
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