As I recollect the plenary was approved at the Supreme Court level, rejected at first level of appeals and then reinstated at the Court of Appeals.
The Article 78 case is tougher to appeal as it includes findings of fact but there are some solid elements on which to base an appeal despite the fact that it was well written and reasoned.
This rulig does not mean BAC has to pay. BAC paying is a separate case. Does mean that muni business can be separate although they sort of accomplished that already with the bonds although but a lawsuit on that too.