Legal Opinion · Dissent

ABN AMRO Bank, N.V. v. MBIA Inc.

New York Court of Appeals

Decided June 28, 2011Published

1DissentRead, J.

Plaintiffs seek relief in this plenary action brought pursuant to the Debtor and Creditor Law and common law that, if granted, would annul the decision made by *230the Superintendent of Insurance on February 17, 2009 to approve the restructuring of MBIA Insurance Corporation (MBIA Insurance) and related subsidiaries and affiliates by unwinding the underlying transactions. Whether or not this lawsuit is called, in the coinage of the First Department, a “collateral attack” on the Superintendent’s approval (81 AD3d 237, 240 [2011]), the fact remains that the Legislature has confined any challenge to…

2Cases cited11 opinions

  1. United States v. BestfoodsSupreme Court of the United States · 1998
  2. Morris v. New York State Department of Taxation & FinanceNew York Court of Appeals · 1993
  3. Whitney National Bank in Jefferson Parish v. Bank of New Orleans & Trust Co.Supreme Court of the United States · 1965
  4. TNS Holdings, Inc. v. MKI Securities Corp.New York Court of Appeals · 1998
  5. Cohen v. Board of AppealsNew York Court of Appeals · 2003

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