Legal Opinion

Bank of New York v. Bank of America

District Court, S.D. New York

Decided May 27, 1994No. 94 Civ. 3057 (LAP)PublishedCited by 38 opinions

1Opinion of the Court

PRESKA, District Judge:

This case is a contract dispute between two Australian banks and their American parent companies. Plaintiffs originally filed the action in the Supreme Court of the State of New York, and defendants removed it here, alleging 28 U.S.C. § 1332 (diversity) and 12 U.S.C. § 632 (international banking) as bases for jurisdiction. Presently before the Court are a motion by plaintiffs to remand the case back to State court and motions by the defendants (1) to dismiss or stay the action in favor of a parallel Australian proceeding; (2) to dismiss as to Bank of America Australia…

2Cases cited28 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Marbury v. MadisonSupreme Court of the United States · 1803
  3. Mayor v. CooperSupreme Court of the United States · 1868
  4. Corporacion Venezolana de Fomento v. Vintero Sales Corp.Court of Appeals for the Second Circuit · 1980
  5. First National Bank of Hartford v. City of HartfordSupreme Court of the United States · 1927

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3Cited by38 opinions

  1. Rusyniak v. GensiniDistrict Court, N.D. New York · 2009
  2. Firstar Bank, N.A., a National Banking Association v. Lawrence J. Faul and Faul Chevrolet, Incorporated, an Illinois CorporationCourt of Appeals for the First Circuit · 2001
  3. In Re Wtc Disaster Site.Court of Appeals for the Second Circuit · 2005
  4. Tango Music, LLC v. Deadquick Music, Inc.Court of Appeals for the Seventh Circuit · 2003
  5. Schmidt v. Fleet BankDistrict Court, S.D. New York · 1998

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