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MATTER OF BANK OF CREDIT & COMMERCE

155 Misc.2d 122 (1992)

In the Matter of the Liquidation of the New York Agency and Other Assets of the Bank of Credit and Commerce International, S.A.

Supreme Court, New York County.

August 3, 1992

Attorney(s) appearing for the Case

Schnader, Harrison, Segal & Lewis, New York City (Alan A. D'Ambrosio, Peter S. Greenberg, David Zarfes and Eve B. Bolkin of counsel), for Bankorp Ltd. Cleary, Gottlieb, Steen & Hamilton, New York City (Thomas J. Moloney, Howard S. Zelbo and Linda S. Johnson of counsel), for Superintendent of Banks of the State of New York.

HAROLD BAER, JR., J.

This is an application by Bankorp Ltd. (Bankorp) for an order directing the Superintendent of Banks of the State of New York (Superintendent) to turn over to Bankorp some $1.6 million being held by the Superintendent as part of segregated funds in this liquidation. This decision addresses the important issue of the constitutionality of the liquidation procedures of Banking Law § 606...

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