§Why CasetextPricing

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

Brief

25 Cited authorities

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

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,375 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  2. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 2,270 times   1 Legal Analyses
    Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

  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 448 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 358 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. Chimart Assoc. v. Paul

    66 N.Y.2d 570 (N.Y. 1986)   Cited 852 times   1 Legal Analyses
    Holding that the decisions by "sophisticated, counseled parties dealing at arm's length" in a "multimillion dollar transaction" to not contract for such rights must be given effect

  7. Sargiss v. Magarelli

    2009 N.Y. Slip Op. 4301 (N.Y. 2009)   Cited 235 times
    Holding that claim was timely when brought after daughter discovered financial documents in late father's home

  8. Swersky v. Dreyer Traub

    219 A.D.2d 321 (N.Y. App. Div. 1996)   Cited 310 times
    Holding that "the firm may be held liable to the same extent as the individual defendant"

  9. Pappas v. Tzolis

    2012 N.Y. Slip Op. 8053 (N.Y. 2012)   Cited 188 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

  10. DDJ Management, LLC v. Rhone Group LLC

    2010 N.Y. Slip Op. 5603 (N.Y. 2010)   Cited 198 times   4 Legal Analyses
    Suggesting that a Plaintiff "will often be justified" in accepting a written representation that certain facts are true rather than making its own inquiry