COBALT PARTNERS v. GSC CORP.

602964/07, 1964.

97 A.D.3d 35 (2012)

944 N.Y.S.2d 30

2012 NY Slip Op 3383

COBALT PARTNERS, L.P., et al., Appellants, v. GSC CAPITAL CORP., Defendant, and GSCP (NJ), L.P., et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

May 1, 2012.


Attorney(s) appearing for the Case

Seward & Kissel LLP, New York City ( M. William Munno and Walter A. Naeder of counsel), for appellants.

Davis Polk & Wardwell LLP, New York City ( Robert F. Wise, Jr. , Jonathan D. Martin and Sarah M. Egan of counsel), for respondents.

SAXE, J.P., CATTERSON, DEGRASSE and ABDUS-SALAAM, JJ., concur.


OPINION OF THE COURT

MOSKOWITZ J.

On August 31, 2010, subsequent to oral argument, but while the case was sub judice, defendants filed for bankruptcy and therefore this case became subject to the automatic stay of litigation pursuant to section 362 of the Bankruptcy Code (11 USC). On March 28, 2012, the parties notified this Court that the United States Bankruptcy Court for the Southern District of New York had lifted the stay. Thus, we may now release our...

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