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BANK OF NEW YORK v. BATTERY PARK CITY AUTH.

251 A.D.2d 211 (1998)

675 N.Y.S.2d 860

Bank of New York, as Trustee for Seven Unit Investment Trusts, et al., Appellants, v. Battery Park City Authority, Respondent

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

June 23, 1998

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...

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