Court of Appeals of New York

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BDC Finance v. Barclays Bank, 5

In this action for breach of contract and declaratory judgment, both parties moved for summary judgment and the Appellate Division granted plaintiff's motion, holding that defendant's default entitled plaintiff to terminate the transactions and demand return of its collateral. The judgment is modified by remitting to the Supreme Court for further proceedings, where material issues of fact exist as to whether defendant complied with the undisputed amount provision and whether defendant actually defaulted under the parties' contract, and so neither party is entitled to summary judgment.

Appellate Information

  • Decided 02/19/2015
  • Published 02/19/2015


  • Pigott


  • Court of Appeals of New York


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