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Bank of New York v. Battery Park City Auth

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 1998
251 A.D.2d 211 (N.Y. App. Div. 1998)

Summary

holding that no-action clause barred suits by former bondholders for wrongful redemption

Summary of this case from RBC Capital Markets v. Education Loan Trust

Opinion

June 23, 1998

Appeal from the Supreme Court, New York County (Ira Gammerman, J.).


The 1993 redemption of the plaintiff bondholder's interests was permitted under the redemption provisions of the 1980 bond resolution. We also dismiss the actions on a ground not reached by the motion court, namely, the no action clause in section 10.6 of the bond resolution (see, Feder v. Union Carbide Corp., 141 A.D.2d 799; Cruden v. Bank of N.Y., 957 F.2d 961, 967-968; Feldbaum v. McCrory Corp., 1992 WL 119095, 5-8 [Del. Ch. Ct, June 2, 1992, Allen, C.]). Plaintiffs' contention that the clause does not apply to former bondholders whose interests have been redeemed flies in the face of their attempt to enforce the bond resolution. Nor does the clauses express authorization of actions for unpaid interest avail plaintiffs, since they are not seeking to recover past due interest as such, but rather the higher interest they could have expected to receive were it not for the allegedly wrongful redemption.

Concur — Sullivan, J. P., Rosenberger, Wallach and Saxe, JJ.


Summaries of

Bank of New York v. Battery Park City Auth

Appellate Division of the Supreme Court of New York, First Department
Jun 23, 1998
251 A.D.2d 211 (N.Y. App. Div. 1998)

holding that no-action clause barred suits by former bondholders for wrongful redemption

Summary of this case from RBC Capital Markets v. Education Loan Trust

finding that the plaintiffs could not sue under a no-action clause's "express authorization of actions for unpaid interest" because "they [were] not seeking to recover past due interest as such, but rather the higher interest they could have expected to receive were it not for [an] allegedly wrongful redemption."

Summary of this case from RBC Capital Markets v. Education Loan Trust
Case details for

Bank of New York v. Battery Park City Auth

Case Details

Full title:BANK OF NEW YORK, as Trustee for SEVEN UNIT INVESTMENT TRUSTS, et al.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 23, 1998

Citations

251 A.D.2d 211 (N.Y. App. Div. 1998)
675 N.Y.S.2d 860

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