Legal Opinion
Barclays Bank PLC v. Kemsley
New York Supreme Court
Decided June 26, 2014PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Saliann Scarpulla, J.
Plaintiff Barclays Bank PLC (Barclays) brings this action against defendant Paul Kemsley (Kemsley) for breach of contract in connection with a loan agreement. In motion sequence No. 002, Barclays seeks summary judgment against Kemsley on its breach of contract claim. In motion sequence No. 004, Kemsley seeks summary judgment dismissing the complaint based on the principle of comity and the recognition of a bankruptcy discharge granted in his favor in the United Kingdom. The motions are consolidated for disposition.
Background
The following facts are…
2Cases cited7 opinions
- Hilton v. GuyotSupreme Court of the United States · 1895
- Jp Morgan Chase Bank v. Altos Hornos De Mexico, S.A. De C v. Docket No. 04-0450-CvCourt of Appeals for the Second Circuit · 2005
- Royal & Sun Alliance Insurance Co. of Canada v. Century International Arms, Inc.Court of Appeals for the Second Circuit · 2006
- Morgenthau v. Avion Resources Ltd.New York Court of Appeals · 2008
- Ecoban Finance Ltd. v. Grupo Acerero Del Norte, S.A. De C.V.District Court, S.D. New York · 2000
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3Cited by1 opinion
- SMP Ltd. v. SunEdison, Inc. (In re SunEdison, Inc.)United States Bankruptcy Court, S.D. New York · 2017