Legal Opinion

Bluebird Partners, L.P. v. First Fidelity Bank, N.A.

New York Court of Appeals

Decided March 26, 2002PublishedCited by 21 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

This appeal involves the proper interpretation of General Obligations Law § 13-107. That section provides that in the absence of an express writing to the contrary, a bond transfer vests in the transferee certain bond-related claims of the transferor, whether or not those claims were known to exist at the time of transfer. The question before us is whether, before pursuing any such claim, a transferee-plaintiff must demonstrate its own injury in addition to any harm the transferor sustained prior to the sale. Because the Appellate Division erroneously…

2Cases cited9 opinions

  1. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  2. Palmer v. . Van SantvoordNew York Court of Appeals · 1897
  3. Bluebird Partners v. First Fidelity Bank, N. A.New York Court of Appeals · 2000
  4. Bluebird Partners, L.P. v. First Fidelity Bank, N.A.Court of Appeals for the Second Circuit · 1996
  5. Matter of Continental Airlines, Inc.United States Bankruptcy Court, D. Delaware · 1992

4 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.District Court, S.D. New York · 2011
  2. Fraternity Fund Ltd. v. Beacon Hill Asset Management, LLCDistrict Court, S.D. New York · 2007
  3. Janssen v. Incorporated Village of Rockville CentreAppellate Division of the Supreme Court of the State of New York · 2008
  4. People v. OvertonAppellate Division of the Supreme Court of the State of New York · 2011
  5. Ragucci v. Professional Construction ServicesAppellate Division of the Supreme Court of the State of New York · 2005

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