Bank of New York v Norilsk Nickel (2004 NY Slip Op 09452)

Bank of N. Y. v Nickel

2004 NY Slip Op 09452

Decided on December 21, 2004

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 21, 2004
Buckley, P.J., Ellerin, Lerner, Marlow, Catterson, JJ.
4879

[*1]The Bank of New York, Petitioner,

v

Norilsk Nickel, Respondent-Appellant, LBS Bank-New York, Respondent, Monter Joint Stock Company, Respondent-Respondent.

Chadbourne & Parke LLP, New York (Kenneth A. Caruso of
counsel), for appellant.
John Walshe & Associates, New York (John Walshe of
counsel), for Monter Joint Stock Company, respondent.

Order, Supreme Court, New York County (Charles E. Ramos, J.), entered May 10, 2004, modified, on the law and the facts, to the extent of granting respondent Norilsk's motion for summary judgment and directing the release of the funds to said respondent; directing that the award of counsel fees to the Bank of New York is to be paid by Monter Joint Stock Company; and remanding the matter for a calculation of damages to Norilsk Nickel to be paid by Monter Joint Stock Company, and otherwise affirmed, without costs.

Opinion by Catterson, J. All concur.

Order filed.