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DEUTSCHE BANK v. BARCLAYS PLC

No. 84.

34 N.Y.3d 327 (2019)

140 N.E.3d 511

117 N.Y.S.3d 137

2019 NY Slip Op 08519

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee of the SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2007-BR1 (SABR 2007-BR1), Appellant, v. BARCLAYS BANK PLC, Respondent. DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HSI ASSET SECURITIZATION CORPORATION TRUST 2007-NC1, Appellant, v. HSBC BANK USA, NATIONAL ASSOCIATION, Respondent.

Court of Appeals of New York.

Decided November 25, 2019.

Attorney(s) appearing for the Case

Ropes & Gray LLP, New York City (Douglas H. Hallward-Driemeier, of the Massachusetts bar and the District of Columbia bar, admitted pro hac vice, Daniel V. Ward, of the Massachusetts bar, admitted pro hac vice, Heather T Sprague, of the Massachusetts bar, admitted pro hac vice, and David B. Hennes of counsel), and Friedman Kaplan Seiler & Adelman LLP, New York City (Robert S. Smith of counsel), for appellant.

Williams & Connolly LLP, New York City (Nicholas J. Boyle and David Randall J. Riskin of counsel), and Mayer Brown LLP, New York City (Michael O. Ware of counsel), for HSBC Bank USA, National Association, respondent.

Sullivan & Cromwell LLP, New York City (Jeffrey T Scott, Jonathan M. Sedlak, Andrew H. Reynard, Colin A. Chazen and Mary C. Erler of counsel), and Harris Beach PLLC, Albany (Victoria A. Graffeo of counsel), for Barclays Bank, PLC, respondent.

OPINION OF THE COURT

New York State is a national and international leader in commerce. As a result, large numbers of contracting parties in the United States include New York choice-of-law and forum selection clauses in their contracts.1 This fact...

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