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BDC FIN LLC v. BARCLAYS BANK

No. 5

25 N.Y.3d 37 (2015)

29 N.E.3d 877

6 N.Y.S.3d 530

2015 NY Slip Op 01486

BDC FINANCE L.L.C., Respondent/Counterclaim Defendant-Respondent, v. BARCLAYS BANK PLC, Appellant/Counterclaim Plaintiff-Appellant.

Court of Appeals of New York.

Decided February 19, 2015.

Attorney(s) appearing for the Case

Sullivan & Cromwell LLP, New York City ( Jeffrey T. Scott , Robinson B. Lacy and Marc De Leeuw of counsel), for appellant/counterclaim plaintiff-appellant.

Richards Kibbe & Orbe LLP, New York City ( Craig A. Newman , Daniel L. Stein , Matthew M. Riccardi and Alex M. Solomon of counsel), and Richards Kibbe & Orbe LLP, Washington, D.C. ( David W.T. Daniels of counsel), for respondent/counterclaim defendant-respondent.

Chief Judge LIPPMAN and Judges READ, RIVERA and ABDUS-SALAAM concur; Judges STEIN and FAHEY taking no part.

OPINION OF THE COURT

This appeal arises out of a contract dispute between Barclays Bank PLC, a major global bank based in the United Kingdom, and BDC Finance L.L.C., a Connecticut-based hedge fund. We hold that material issues of fact exist as to whether Barclays defaulted under the...

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