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MBI INTL. v. BARCLAYS BANK

653307/14.

151 A.D.3d 108 (2017)

2017 NY Slip Op 04381

57 N.Y.S.3d 119

MBI INTERNATIONAL HOLDINGS INC. et al., Appellants, v. BARCLAYS BANK PLC, Respondent.

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

Decided June 1, 2017.

Attorney(s) appearing for the Case

Kirkland & Ellis LLP, Washington, D.C. ( Paul D. Clement , of the District of Columbia bar, the Virginia bar and the Wisconsin bar, admitted pro hac vice, of counsel, and Jeffrey M. Harris , of the District of Columbia bar and the California bar, admitted pro hac vice, of counsel), Kirkland & Ellis LLP, New York City ( Stephen V. Potenza of counsel), and Patterson Belknap Webb & Tyler LLP, New York City ( Craig A. Newman and Muhammad U. Faridi of counsel), for appellants.

Wilkie Farr & Gallagher LLP, New York City ( Todd G. Cosenza , William A. O'Brien and Frank Scaduto of counsel), for respondent.

ANDRIAS, J.P., GISCHE and GESMER, JJ., concur.

OPINION OF THE COURT

This appeal arises out of an alleged scheme to defraud a Saudi Arabian residential real estate developer out of hundreds of millions of dollars owed to it by the Saudi government. Its resolution requires us to construe New York's date of discovery rule for purposes of ascertaining when the statute of limitations...

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