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ABN AMRO BANK N.V. v. DINALLO

601846/09.

40 Misc.3d 180 (2013)

962 N.Y.S.2d 854

2013 NY Slip Op 23096

ABN AMRO BANK N.V., et al., Petitioners, v. ERIC DINALLO, as Superintendent of the New York State Insurance Department, et al., Respondents.

Supreme Court, New York County.

Decided March 4, 2013.

Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City ( Robert J. Giuffra, Jr. , Michael H. Steinberg and William H. Wagener of counsel), for petitioners.

Eric T. Schneiderman , Attorney General, New York City ( David P. Holgado and Mark E. Klein of counsel), for Eric Dinallo and another, respondents.

Kasowitz, Benson, Torres & Friedman LLP, New York City ( Marc E. Kasowitz and Kenneth R. David of counsel), for MBIA Inc. and another, respondents.

OPINION OF THE COURT

BARBARA R. KAPNICK, J.

The instant proceeding was commenced by notice of petition and a verified petition, both dated June 15, 2009, seeking an order and judgment pursuant to CPLR article 78:1

1. Declaring null and void and annulling the New York State Insurance Department (the NYID) letter's approvals of (a) the $1.147 billion dividend paid by MBIA Insurance Corporation (MBIA Insurance or MBIA Corp...

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