Legal Opinion
Dynamics Corp. of America v. Marine Midland Bank-New York
New York Court of Appeals
Decided February 19, 1987PublishedCited by 78 opinions
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
In this damages action by Dynamics Corporation of America (DCA) against Marine Midland Bank (Marine) for misconduct purportedly precipitating DCA’s bankruptcy the issue is whether, following confirmation of its plan of arrangement, DCA in its own right can pursue claims against Marine which were not disclosed in its schedules filed with the bankruptcy court. We agree with the courts below that, in the circumstances presented, it cannot.
As set forth in the second amended complaint, DCA and Marine had a long-standing banking relationship, with Marine administering…
2Cases cited9 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Case v. Los Angeles Lumber Products Co.Supreme Court of the United States · 1939
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Danciger & Emerich Oil Co. v. SmithSupreme Court of the United States · 1928
- Stephan v. Merchants Collateral Corp.New York Court of Appeals · 1931
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3Cited by78 opinions
- Rosenshein v. KlebanDistrict Court, S.D. New York · 1996
- Adams v. ManownCourt of Appeals of Maryland · 1992
- Quiros v. PolowAppellate Division of the Supreme Court of the State of New York · 1987
- DeLarco v. DeWittAppellate Division of the Supreme Court of the State of New York · 1988
- In Re KochUnited States Bankruptcy Court, E.D. New York · 1999
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