WATERWAYS v. BARCLAYS BANK


202 A.D.2d 64 (1994)

Waterways Limited, Respondent, v. Barclays Bank Plc, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

August 25, 1994


Attorney(s) appearing for the Case

John J. Kerr, Jr., of counsel (Eric L. Kriftcher and Elizabeth A. Fuerstman with him on the brief; Simpson Thacher & Bartlett, attorneys), for appellant.

Joseph L. Hutner of counsel (Robert E. DeRight, Jr., and Robert D. Goldstein with him on the brief; Epstein Becker & Green, P. C., attorneys), for respondent.

SULLIVAN, J. P., WALLACH, ASCH and TOM, JJ., concur.


KUPFERMAN, J.

This action arises out of plaintiff's default on a $9 million loan from Barclays Bank PLC for the renovation of the Grotto Bay Beach Hotel and Tennis Club in Bermuda, which it owned, and the subsequent appointment of a receiver and sale of the mortgaged property for $16.5 million. The verified complaint asserts that Barclays wrongfully declared the loan in default and appointed a receiver, and that...

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