News & Analysis as of

New York Coronavirus/COVID-19 Appellate Courts

Rivkin Radler LLP

COVID Biz Interruption Coverage Denied by NY Court of Appeals

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On February 15, 2024, the New York Court of Appeals unanimously upheld the Appellate Division, First Department decision affirming dismissal of restaurant operator Consolidated Restaurant Operations, Inc.’s (CRO) complaint...more

Rivkin Radler LLP

NY Court of Appeals Hears Oral Argument on COVID-19 Business Interruption Case

Rivkin Radler LLP on

On January 10, the New York Court of Appeals heard oral arguments on a COVID-19 coverage appeal by a restaurant operator, Consolidated Restaurant Operations, Inc. (CRO), which posed issues of first impression. Courts...more

Rivkin Radler LLP

Second Circuit Affirms Dismissal of Therapist’s Free Speech Claim

Rivkin Radler LLP on

In the case Brokamp v. James, the U.S. Court of Appeals for the Second Circuit on April 27 affirmed the dismissal of Elizabeth Brokamp’s suit against New York officials. The Virginia-licensed mental health counselor’s suit...more

Cozen O'Connor

NY Appellate Court: Covid-19 Business Losses Don’t Constitute “Physical” Damage to Property, Don’t Trigger Commercial Property...

Cozen O'Connor on

Covid-19 may cause businesses to be unable to use their property, but loss of use doesn’t constitute the “direct physical loss or damage” necessary to trigger commercial property insurance coverage, according to a...more

Levenfeld Pearlstein, LLC

NYC’s Latest Expansion of its Vaccine Mandate – What You Need to Know

On December 6, 2021, NYC mayor Bill DeBlasio announced that all private-sector workers in the city will be subject to the vaccine mandate, effective December 27. The following day, however, Judge Frank P. Nervo in the Supreme...more

Moritt Hock & Hamroff LLP

New York Appellate Court Puts Huge Road Block In Way Of Borrowers Seeking To Enjoin UCC Article 9 Sales

Over the last year, since the onslaught of the COVID-19 pandemic, we have continued to report on how the courts have handled efforts by lenders to address pandemic-related defaults, including by means of Uniform Commercial...more

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