New York Civil Liberties Union Foundation, New York City ( Andrew L. Kalloch and Taylor Pendergrass of counsel), for New York Civil Liberties Union and others, amici curiae.
Chief Judge LIPPMAN and Judges SMITH, PIGOTT and JONES concur with Judge CIPARICK; Judge READ dissents in a separate opinion in which Judge GRAFFEO concurs.
Court of Appeals of New York.
OPINION OF THE COURT
CIPARICK, J.
In this dispute between MBIA Insurance Corporation (MBIA Insurance) and certain of its policyholders, the principal question presented is whether the 2009 restructuring of MBIA Insurance and its related subsidiaries and affiliates authorized by the Superintendent of the New York State Insurance Department (the Superintendent) precludes these policyholders from asserting claims...
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