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ESTEE LAUDER INC. v. ONEBEACON INS. GROUP, LLC

No. 214 SSM 17

28 N.Y.3d 960 (2016)

ESTEE LAUDER INC., Respondent, v. ONEBEACON INSURANCE GROUP, LLC, et al., Appellants.

Court of Appeals of New York.

Decided September 15, 2016.

Attorney(s) appearing for the Case

Steptoe & Johnson LLP, Washington, D.C. ( Harry Lee , of the District of Columbia bar, admitted pro hac vice, and Leah M. Quadrino of counsel), and Steptoe & Johnson LLP, New York City ( Michael C. Miller and Evan Glassman of counsel), for appellants.

Reed Smith LLP, Washington, D.C. ( John W. Schryber of counsel), for respondent.

O'Melveny & Myers LLP, New York City ( Jonathan D. Hacker and Anton Metlitsky of counsel), for Century Indemnity Company, amicus curiae.

Chief Judge DIFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the order of Supreme Court reinstated, and the certified question answered in the negative.

Analyzing the circumstances under the common-law waiver standard, which requires an examination of all factors, defendants cannot be said to have waived their right to assert the late-notice defense as a matter of law by failing to specifically identify late...

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