Legal Opinion
Southeast Banking Corp. v. First Trust of New York, National Ass'n
New York Court of Appeals
Decided April 29, 1999PublishedCited by 17 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
This Court accepted the following State law question, certified to us by the United States Court of Appeals for the Eleventh Circuit:
“What, if any, language does New York law require in a subordination agreement to alert a junior creditor to its assumption of the risk and burden of the senior creditor’s post-petition interest?” (In re Southeast Banking Corp., 156 F3d 1114, 1125.)
As framed, the question does not call for the customary affirmative or negative response. We, thus, explain our answer, within the procedural boundaries imposed by this problem, by…
2Cases cited4 opinions
- Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
- Thomas v. Western Car Co.Supreme Court of the United States · 1893
- Rooney v. TysonNew York Court of Appeals · 1998
- In Re the General Assignment for the Benefit of Creditors of Pavone Textile Corp.New York Court of Appeals · 1951
3Cited by17 opinions
- Sport Rock International, Inc. v. American Casualty Co.Appellate Division of the Supreme Court of the State of New York · 2009
- HSBC Bank USA v. Bank of New EnglandCourt of Appeals for the First Circuit · 2004
- In Re Washington Mutual, Inc.United States Bankruptcy Court, D. Delaware · 2011
- AM Cosmetics, Inc. v. SolomonDistrict Court, S.D. New York · 1999
- HSBC Bank USA v. Bank of New England Corp. (In Re Bank of New England Corp.)District Court, D. Massachusetts · 2003
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