§Why CasetextPricing

ACA Financial Guaranty Corp., Appellant,v.Goldman, Sachs & Co., Respondent, Paulson & Co., Inc. et al., Defendants.

Brief

44 Cited authorities

  1. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,362 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  2. Sokoloff v. Harriman Estates Dev. Corp.

    96 N.Y.2d 409 (N.Y. 2001)   Cited 1,058 times
    Reversing dismissal of complaint seeking specific performance against builder

  3. Centro Empresarial Cempresa S.A. v. América Móvil, S.A.B. de C.V.

    2011 N.Y. Slip Op. 4720 (N.Y. 2011)   Cited 446 times   4 Legal Analyses
    Holding that shareholders that had released unknown fraud claims arising out of the shareholders' ownership interest in a company could not base a rescission claim on allegations that defendants had induced the release by concealing the true value of that interest

  4. Global Mins. v. Holme

    35 A.D.3d 93 (N.Y. App. Div. 2006)   Cited 467 times   2 Legal Analyses
    Holding that reliance on alleged misrepresentations was unreasonable as a matter of law

  5. Basis Yield Alpha Fund v. Goldman Sachs Grp., Inc.

    115 A.D.3d 128 (N.Y. App. Div. 2014)   Cited 356 times
    Finding certain "disclaimers and disclosures" insufficient to "preclude, as a matter of law, plaintiff's claim of justifiable reliance on [the defendant's] misrepresentations and omissions"

  6. Schron v. Troutman Sanders LLP

    2013 N.Y. Slip Op. 952 (N.Y. 2013)   Cited 251 times   1 Legal Analyses
    Affirming a grant of New York state court motion to dismiss based on the application of the parol evidence rule

  7. Citibank v. Plapinger

    66 N.Y.2d 90 (N.Y. 1985)   Cited 450 times   2 Legal Analyses
    Holding that although guarantors submitted sufficient evidence to support finding they signed guaranty in reliance on false statement bank was "committed to extend[ing] to the [borrower] an additional line of credit," guarantors' defense was foreclosed by language in guaranty providing that guarantors' obligations were "absolute and unconditional" irrespective of any "circumstance which might otherwise constitute a defense"

  8. Deerfield Communications Corp. v. Chesebrough-Ponds

    68 N.Y.2d 954 (N.Y. 1986)   Cited 425 times
    Holding that a false promise to not resell goods outside a specific geographical area "constitute[d] a misrepresentation" for purposes of fraud where geographical restrictions were not contained in the written agreement for the purchase of those goods

  9. Swersky v. Dreyer Traub

    219 A.D.2d 321 (N.Y. App. Div. 1996)   Cited 309 times
    Holding that "the firm may be held liable to the same extent as the individual defendant"

  10. Pappas v. Tzolis

    2012 N.Y. Slip Op. 8053 (N.Y. 2012)   Cited 187 times   1 Legal Analyses
    Affirming dismissal of plaintiff's unjust enrichment and conversion causes of action where a contract governing the subject matter existed and where there was no interference with plaintiff's property rights