HSBC Guyerzeller Bank AG v. Chascona N.V.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Herman Cahn, J.), entered August 19, 2005, which denied the motion by defendants CIBC Mellon Trust and Daimler Chrysler to dismiss the *382complaint and granted nonparty respondent Samuel Montagu Co.’s cross motion to substitute itself as plaintiff, affirmed, without costs.
The covenants requiring the borrower’s consent to any assignment of the loan agreement and selecting the law of England as governing were unambiguously incorporated by reference into the note. Under the substantive law of England, defendant Mora Hotel was entitled to set aside the…
2Cases cited24 opinions
- Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
- Schiavone v. FortuneSupreme Court of the United States · 1986
- Buran v. CoupalNew York Court of Appeals · 1995
- Gaines v. . City of New YorkNew York Court of Appeals · 1915
- Carrick v. Central General HospitalNew York Court of Appeals · 1980
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