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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.


Global Reinsurance Corp. Of America v Century Indemnity Company

By order entered December 8, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"Does the decision of the New York Court of Appeals in Excess Insurance Co. v Factory Mutual Insurance Co., 3 NY3d 577 [2004], impose either a rule of construction, or a strong presumption, that a per occurrence liability cap in a reinsurance contract limits the total reinsurance available under the contract to the amount of the cap regardless of whether the underlying policy is understood to cover expenses such as, for instance, defense costs?”

On January 10, 2016, the Court accepted the certified question and set a briefing schedule.


Gevorkyan, et al. v Judelson

By order entered November 15, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"Whether an entity engaged in the 'bail business,' as defined in [New York Insurance Law] NYIL § 6801(a)(1), may retain its 'premium or compensation,' as described in NYIL § 6804(a), where a bond posted pursuant to [New York Criminal Procedure Law] NYCPL § 520.20 is denied at a bail-sufficiency hearing conducted pursuant to NYCL § 520.30, and the criminal defendant that is the subject of the bond is never admitted to bail."

On December 15, 2016, the Court accepted the certified question and set a briefing schedule.


CHAUCA v ABRAHAM, et al.

By order entered November 8, 2016, the United States Court of Appeals for the Second Circuit certified the following question to this Court:

"What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code § 8-502?"

On December 15, 2016, the Court accepted the certified question and set a briefing schedule.


GRIFFIN et al. v SIRVA, INC., et al.

By order entered August 30, 2016, the United States Court of Appeals for the Second Circuit certified the following questions to this Court:

"(1) Does Section 296(15) of the New York State Human Rights Law, prohibiting discrimination in employment on the basis of a criminal conviction, limit liability to an aggrieved party's 'employer'?

(2) If Section 295(15) is limited to an aggrieved party's 'employer,' what is the scope of the term 'employer' for these purposes, i.e. does it include an employer who is not the aggrieved party's 'direct employer,' but who, through an agency relationship or other means, exercises a significant level of control over the discrimination policies and practices of the aggrieved party's 'direct employer'?

(3) Does Section 296(6) of the New York State Human Rights Law, providing for aiding and abetting liability, apply to §296(15) such that an out-of-state principal corporation that requires its New York State agent to discriminate in employment on the basis of a criminal conviction may be held liable for the employer's violation of §296(15)?"

On September 20, 2016, the Court accepted the certified questions and set a briefing schedule.