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BANK OF NEW YORK, as Trustee for SEVEN UNIT INVESTMENT TRUSTS, et al., Appellants, v. BATTERY PARK CITY AUTHORITY, Respondent.

The 1993 redemption of the plaintiff bondholder's interests was permitted under the redemption provisions of the 1980 bond resolution. We also dismiss the actions on a ground not reached by the motion court, namely, the no action clause in section 10.6 of the bond resolution (see, Feder v. Union Carbide Corp., 141 A.D.2d 799; Cruden v. Bank of N.Y., 957 F.2d 961, 967-968; Feldbaum v. McCrory Corp., 1992 WL 119095, 5-8 [Del. Ch. Ct, June 2, 1992, Allen, C.]). Plaintiffs' contention that the clause does not apply to former bondholders whose interests have been redeemed flies in the face of their attempt to enforce the bond resolution. Nor does the clauses express authorization of actions for unpaid interest avail plaintiffs, since they are not seeking to recover past due interest as such, but rather the higher interest they could have expected to receive were it not for the allegedly wrongful redemption.

Concur — Sullivan, J. P., Rosenberger, Wallach and Saxe, JJ.

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BANK OF NEW YORK v. BATTERY PARK CITY AUTH
(Jun 23, 1998)