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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.


Pangea Capital Management v Lakian

By order dated September 26, 2018, the U.S. Court of Appeals for the Second Circuit certified the following questions to this Court:

(1) If an entered divorce judgment grants a spouse an interest in real property pursuant to D.R.L. Section 236, and the spouse does not docket the divorce judgment in the county where the property is located, is the spouse's interest subject to attachment by a subsequent judgment creditor that has docketed its judgment and seeks to execute against the property?

(2) If the answer to Question (1) is "no," then: If a settlor creates a trust solely for the purpose of holding title to property for the benefit of himself and another beneficiary, and the settlor retains the unfettered right to revoke the trust, does the settlor remain the absolute owner of the trust property relative to his creditors, or is the trust property conveyed to the beneficiaries?

On October 18, 2018, the Court accepted the certified questions and set a briefing schedule.


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.