Legal Opinion

Stonehill Capital Management LLC v. Bank of the West

New York Court of Appeals

Decided December 20, 2016PublishedCited by 96 opinions

1Opinion of the Court

OPINION OF THE COURT

Rivera, J.

Plaintiffs Stonehill Capital Management LLC, Stonehill Institutional Partners, L.P. and Stonehill Master Fund Ltd. (collectively Stonehill) are affiliated commercial entities that seek to enforce the auction sale of a syndicated loan against defendant Bank of the West (BOTW). BOTW concedes that it accepted Stonehill’s bid and then refused to transfer the loan, but claims it had no legal obligation to do so because the parties never executed a written sales agreement and Stonehill failed to submit a timely cash deposit. However, these prerequisites are not…

2Cases cited18 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. BROWN BROS. v. Beam Constr.New York Court of Appeals · 1977
  3. S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
  4. Vega v. Restani Construction Corp.New York Court of Appeals · 2012
  5. Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999

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3Cited by96 opinions

  1. Kolchins v. Evolution Markets, Inc.Court for the Trial of Impeachments and Correction of Errors · 2018
  2. NRP Holdings LLC v. City of BuffaloCourt of Appeals for the Second Circuit · 2019
  3. Deutsche Bank Natl. Trust Co. v. Flagstar Capital Mkts.New York Court of Appeals · 2018
  4. In re KernerUnited States Bankruptcy Court, S.D. New York · 2019
  5. 223 Sam, LLC v. 223 15th St., LLCAppellate Division of the Supreme Court of the State of New York · 2022

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