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N.Y. Gen. Oblig. Law § 13-107

Claims or demands transferred with bond unless reserved

Applied in 2 court decisions — leading case Commerzbank AG v. U.S. Bank, N.A. (2024)

Most recently applied in Commerzbank AG v. U.S. Bank, N.A. (April 2024)

2014-09-22

§ 13-107. Claims or demands transferred with bond unless reserved. 1.\nUnless expressly reserved in writing, a transfer of any bond shall vest\nin the transferee all claims or demands of the transferrer, whether or\nnot such claims or demands are known to exist, (a) for damages or\nrescission against the obligor on such bond, (b) for damages against the\ntrustee or depositary under any indenture under which such bond was\nissued or outstanding, and (c) for damages against any guarantor of the\nobligation of such obligor, trustee or depositary.\n 2. As used in this section, "bond" shall mean and include any and all\nshares and interests in an issue of bonds, notes, debentures or other\nevidences of indebtedness of individuals, partnerships, associations or\ncorporations, whether or not secured.\n 3. As used in this section, "indenture" means any mortgage, deed of\ntrust, trust or other indenture, or similar instrument or agreement\n(including any supplement or amendment to any of the foregoing), under\nwhich bonds as herein defined are issued or outstanding, whether or not\nany property, real or personal, is, or is to be, pledged, mortgaged,\nassigned, or conveyed thereunder.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.